On March 23, 2018, the President signed into law the Consolidated Appropriations Act, 2018 (“Appropriations Act”) (Public Law No. 115-141). The Appropriations Act includes the Brownfields Utilization, Investment, and Local Development Act of 2018 (“BUILD Act”), which makes some notable changes to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”).
Among other amendments to CERCLA, the BUILD Act broadens the state and local government exception to owner and operator liability under CERCLA, extends the bona fide prospective purchaser defense to liability to lessees, expands eligibility for brownfield redevelopment grants and loans to nonprofit organizations (and those LLCs and LPs wholly comprised of nonprofit managers or members) and to publicly-owned brownfield sites with non-contributory owners, raises the cap on remediation grant funds for eligible brownfield sites, and creates a new multipurpose brownfields grant program.
The BUILD Act makes significant changes to the following CERCLA sections:
Please contact Polly Jessen if you have any questions about the BUILD Act amendments.
Kaplan Kirsch & Rockwell publishes Brownfields Law Alerts to announce late-breaking developments in legislation, regulation, and policy for our clients and colleagues. Nothing in the Alerts is intended as legal advice, and readers are reminded to contact legal counsel for legal advice on the matters that appear in our Alerts.