8 Fordham Envtl. L.J. 389 (1996-1997)
Public Participation in Brownfield Remediation Systems: Putting the Community Back on the Zoning Map

handle is hein.journals/frdmev8 and id is 397 raw text is: PUBLIC PARTICIPATION IN BROWNFIELD
REMEDIATION SYSTEMS: PUTTING THE
COMMUNITY BACK ON THE (ZONING) MAP
Patrick J. Skelley II*
INTRODUCTION
n recent years, many states have enacted voluntary remedia-
tion, or brownfields, statutes to expedite hazardous waste
cleanups, and restore dormant and underutilized lands to pro-
ductive use. Voluntary remediation statutes have become increas-
ingly popular due to the unintended effects of certain federal
environmental statutes, particularly the Comprehensive Environ-
mental Response, Compensation, and Liability Act' (CERCLA
or Superfund). In response to the public-health hazards posed
by properties contaminated with toxic wastes, Congress enacted
CERCLA in 1980, intending to force polluters to pay for
remediating hazardous waste sites. Although Superfund was de-
signed to be the most expedient method of cleaning such sites,
the polluter pays principle has in fact hindered remediation ef-
forts due to protracted and costly litigation over who actually
must fund the removal of contamination.2 One reason for this
morass of lawsuits is CERCLA's broad definition of potentially re-
sponsible party3 which encompasses almost every entity having a re-
* University of Richmond, J.D. Class of 1997; State University of
New York at Buffalo, 1992, M.A., 1994; B.A., cum laude, honors in philoso-
phy, 1992, University of Pittsburgh. The author would like to thank Pro-
fessor Joel B. Eisen for his continued guidance in writing this article,
and the members of the Fordham Environmental Law Journal for their
ever-helpful comments and insights.
1. 42 U.S.C. §§ 9601-9675 (1994).
2. See Douglas A. McWilliams, Environmental Justice and Industrial
Redevelopment: Economics and Equality in Urban Revitalization, 21 ECOLOGY
L.Q. 705, 726-32 (1994).
3. Under CERCLA, a potentially responsible party includes
(1) the owner and operator of a vessel or a facility, (2) any
person who at the time of disposal of any hazardous sub-
stance owned or operated any facility at which such hazard-
ous substances were disposed of, (3) any person who by con-

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