[CPEO-BIF] recent law review articles on brownfields

["Hersh, Robert" <hersh@WPI.EDU>]

The following articles (see below) may be of interest to our subscribers. 

McNeice, Colin. Fall, 2006, 12 Roger Williams University Law Review 229. NOTE
AND COMMENT: A Public Use for the Dirty Side of Economic Development: Finding
Common Ground Between Kelo and Hathcock for Collateral Takings in Brownfield
Redevelopment.
The McNeice article evaluates the extent to which existing legal theories
regarding public use support the exercise of eminent domain to foster the
redevelopment of brownfield sites. McNeice argues that Kelo left unanswered
what exactly constitutes municipal economic development, and in the article
he seeks to illustrate that brownfields redevelopment is at least one part of
that concept.

Aronovsky, Ronald. 2006 University of Denver (Colorado Seminary) College of
Law Denver University Law Review, 395.  Back from the Margins: An
Environmental Nuisance Paradigm For Private Cleanup Cost Disputes.
Aronovsky argues that after Aviall, private nuisance could emerge to play a
major role in resolving private cleanup cost disputes, but only if states
seize the opportunity to re-examine and modernize the law of private nuisance
in soil and groundwater contamination cases. 

Seifter, Miriam. 2006. 33 Ecology Law Quarterly Ecology Law Quarterly 1091.
COMMENT: Rent-a-Regulator: Design and Innovation in Privatized Governmental
Decisionmaking.
In this article, Seifter examines the workings of the Massachusetts Hazardous
Waste Site Cleanup Program.  While state authority and public participation
are central facets of classic publicly administered cleanup programs,
licensed site professionals (LSPs) are the driving force in Massachusetts'
privatized program.  The author finds systematic regulatory violations in
this system.  She suggests, however, that the program's failings are likely
due to specific structural shortcomings, such that the program might be
redesigned rather than abandoned.

Bob Hersh
CPEO

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