This CLE course will guide renewable energy counsel on overcoming challenges in developing renewable energy projects on contaminated lands. The panel will discuss key issues in the reuse of lands and facilities, federal and state regulatory challenges, assessing and protecting against liability exposure, leases and EPA protections via CERCLA, and other key items to ensure compliance and avoid liability.

The EPA promotes the reuse of potentially contaminated lands and landfills for new renewable energy projects. Developing renewable energy on contaminated land is cost-effective for utility and energy companies but requires strict compliance with federal and state regulations.

The demand for sustainable energy continues to grow in the United States and abroad, with multiple states and countries developing programs to incentivize renewable energy development. Focusing renewable energy development on brownfields, Superfund sites, retired power plants and landfills gives developers access to infrastructure that is already in place and is likely to be properly zoned and permitted.

The benefits of reusing potentially contaminated lands come with a series of complex rules and procedures, such as assessing potential sites, the extent of any possible contamination, remedial measures for prevention of any negative impact to surrounding areas, and federal and state requirements for cleanup and waste disposal.

This panel will discuss the necessary and most practical processes for the reuse of contaminated lands for renewable energy projects, protecting against liability exposure, leasing and retasking retired power plants and landfills, and available EPA protections. Additional key issues the panel will review include:

• What are the key factors to consider before developing renewable energy projects on contaminated lands?
• What federal and state regulations are relevant in the reuse of potentially contaminated lands, retired power plants, etc.?
• What are the redevelopment opportunities for renewable energy projects?
• How can developers and investors limit their liability exposure?

Discussion Outline

• Overview of applicable federal law and recent state regulations
• Regulatory compliance challenges and methods to overcome them
• Financing options and allocating risks
• Siting, permitting, and cleanup issues
• Benefits