EPA’s Updated Guidance Helpful to Buyers of Impacted WI Properties, but Wisconsin Still Lags Behind

Under current Wisconsin law, a property owner is generally liable for contamination regardless of when the pollution occurred and regardless of who caused the contamination. There are some limited exceptions for qualifying local governments, lenders, impacted neighbors and persons who obtain what is known as a Voluntary Party Liability Exemption.  But, Wisconsin does not provide “bona fide prospective purchaser”  (BFPP) protections for a buyer who wants to knowingly purchase a contaminated property for redevelopment.....

....Conclusion

While this new Guidance will be helpful to buyers of impacted properties in Wisconsin and may help shield those buyers from federal liability, Wisconsin law still presents a significant barrier to the redevelopment of contaminated properties.  The federal BFPP protection has been proven to foster redevelopment of contaminated properties and the Guidance further defines and clarifies the standards for obtaining BFPP protection.  If the redevelopment of contaminated properties is one of the goals of environmental regulation in Wisconsin, as it should be, it may be time for Wisconsin to adopt its own bona fide prospective purchaser protection program....

DNR Website here:

Environmental cleanup & brownfields redevelopment

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Ken Notes: I am a fan of brownfield redevelopment. We do not benefit Wisconsin when we abandon a site in favor of a corn field just outside the city because it is "easier"...