2009 CPEO Brownfields List Archive

From: "Schnapf, Lawrence" <Lawrence.Schnapf@srz.com>
Date: Wed, 16 Sep 2009 09:06:55 -0700 (PDT)
Reply: cpeo-brownfields
Subject: Re: [CPEO-BIF] The Superfund vs. Brownfields debate
 
Title: Re: [CPEO-BIF] The Superfund vs. Brownfields debate

Agreed. There are hundreds of commercial properties where chemical products were used in ordinary course and have entered into the environment thru septic systems, dry wells and leaking sewers.
Larry Schnapf
Schulte Roth & Zabel
919 Third Avenue
New York, NY 10022
212-756-2205 (p)
212-593-5955 (f)

----- Original Message -----
From: brownfields-bounces@lists.cpeo.org <brownfields-bounces@lists.cpeo.org>
To: lsiegel@cpeo.org <lsiegel@cpeo.org>
Cc: 'brownfields@lists.cpeo.org' <brownfields@lists.cpeo.org>
Sent: Wed Sep 16 04:53:43 2009
Subject: Re: [CPEO-BIF] The Superfund vs. Brownfields debate

Lenny et al:

I think that you need to expand the universe of contaminated sites to 
get a full discussion of the concept of stigma attached to a 
property.  There are Superfund sites (NPL) that have a strong 
regulatory driver; there are brownfield sites that are designated and 
thus are likely known to the community (or at least there is some 
public disclosure) , and  there are contaminated sites that do not 
fall into either of these boxes: gasoline stations, properties with 
historical contamination which may or may not have a "compliance 
driven" cleanup, and the thousands of sites that dot our landscape  
that are known to exist, but no one is doing anything about them.  
Just think of all the dry cleaners or orphan plumes with no 
responsible party.

I say this because I think we would do a disservice to those 
communities that are left out of the said boxes.  I would guess that 
they make up the majority of contaminated sites.

Peter Strauss
On Sep 15, 2009, at 1:13 PM, Lenny Siegel wrote:

> I recently told Barry (Trilling) and Larry (Schnapf) that I consider 
> argument the highest form of learning, in the Talmudic tradition. 
> They have both lived up to my expectations.
>
> We are taking this important debate, on disclosure requirements as 
> well as Superfund vs. Brownfields, to the National Brownfields 
> Conference. We  expect this to be a lively discussion, with diverse 
> perspectives to be offered from the floor.
>
> Voluntary (Brownfield) vs. Compliance-Based (Superfund, RCRA, etc.) 
> Cleanup
>
> Date: Tuesday, November 17, 2009, 4:00 PM - 5:15 PM
>
> Description
>
> The environmental cleanup universe in the United States is generally 
> divided between sites where property owners or developers conduct 
> voluntary cleanup and those where responsible parties or the 
> government address contamination under stricter oversight. Both 
> models have their place. When is each of these two models 
> appropriate? Does the Compliance model discourage development? Does 
> the Voluntary model adequately protect public health and the 
> environment? Under either model, are people who are impacted aware 
> of the risks from exposure? What are the costs of each approach? 
> This panel stems from a discussion on the Center for Public 
> Environmental Oversight's Brownfields Internet Forum.
>
> Moderator: Lenny Siegel, CPEO
> Speaker: Lawrence Schnapf, Schulte Roth & Zabel
> Speaker: Barry Trilling, Wiggin and Dana
> Speaker: Julie Kilgore, Wasatch Environmental, Inc.
> Track Public Policy, Law, and Regulation
>
> --
>
>
> Lenny Siegel
> Executive Director, Center for Public Environmental Oversight
> a project of the Pacific Studies Center
> 278-A Hope St., Mountain View, CA 94041
> Voice: 650/961-8918 or 650/969-1545
> Fax: 650/961-8918
> <lsiegel@cpeo.org>
> http://www.cpeo.org
>
>
>
> _______________________________________________
> Brownfields mailing list
> Brownfields@lists.cpeo.org
> http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org

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