Mass. AG pushes lawsuit protection for 'brownfield' developers
The National Law Journal
April 11, 2008
By Sheri Qualters
BOSTON -- Massachusetts Attorney General Martha Coakley is pushing amendments to state Brownfields regulations, which give developers protection from lawsuits when they agree to develop contaminated areas. Coakley wants to update the Brownfields Covenant Program regulations, which date back to 1999, to simplify the application process and boost incentives for redeveloping contaminated areas that are abandoned or underused.
The proposed regulations would clarify criteria for agreement and the rights of affected third parties, cut the public comment period to 30 days from 90 days for applicants who weren't involved in the contamination, and eliminate some procedural barriers for difficult clean up sites. Coakley has planned three public hearings about the regulations, which are part of the Regulatory Review Initiative she and Governor Deval Patrick rolled out last year to review the impact of state regulations on business and assess their compatibility with underlying statutes.
