In the past 50 years, Florida’s population has grown tremendously, leading to the loss of open, undeveloped spaces like farmland and wilderness. This has been harmful to the stateâs unique ecosystem. However, recent numbers suggest that the rapid population growth may be slowing down, giving us a chance to rethink and change the destructive trends. A recent court decision has created incentives for property owners to clean up contaminated sites and either reuse them or sell them to someone who will. This article explains these incentives and encourages the cleanup and reuse of contaminated properties in Florida. For over 150 years, hazardous waste disposal went unregulated and caused health problems. In 1980, Congress passed the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) to clean up contaminated sites and make those responsible pay for the cleanup. There are two types of claims under CERCLA: one for the government and private parties to recover cleanup costs, and one for parties who have been held responsible to seek payment from others. Before 2004, these rules worked well because those who cleaned up could seek payment from those responsible. Aviall Services, Inc. bought some contaminated sites and made them even more polluted. They cleaned up the mess but couldn’t get money from the previous owner to help pay for it. This made it harder for other property owners to clean up their sites, too. After a court case called Aviall, there was a lot of confusion in the legal world about who should pay for cleaning up hazardous waste sites. But in 2007, the court made a decision in a case called Atlantic Research that cleared up the confusion. Now, if you clean up a site on your own and can’t get money back from the government, you can sue other people who are also responsible for the mess. This is important in Florida, because it means that people who own contaminated sites can now get help paying for the cleanup from others who are also responsible. Basically, people are starting to clean up and reuse old, contaminated properties in Florida instead of building more and more buildings on untouched land. For example, a place in Jacksonville that used to be a naval shipyard, has been turned into luxury housing, boosting the area’s property values and economic activity. And in Orlando, an old gas and auto maintenance facility has been transformed into apartments and office space, improving the neighborhood. In Gainesville, they are turning a contaminated area into a park that also helps clean up the water in the area. So, reusing old properties can be good for the environment and the community. The recent Supreme Court decision in Atlantic Research makes it easier for landowners to clean up contaminated property without waiting for enforcement action. They can now recover costs from others liable under CERCLA if the cleanup is necessary and consistent with the National Contingency Plan. This is good news for the environment and the economy, and many landowners may want to start their cleanups now. In a legal case about cleaning up pollution, the court said that landowners who help clean it up can get money back. If the cleanup is approved by the government, the costs can be paid for. There are rules about what counts as necessary costs. The law also gives incentives for people who own the land and are responsible for the pollution to clean it up. Brownfields projects help turn polluted sites into something better, and there are success stories in Florida, like St. Johns Center and City View in Orlando.
Source: https://www.floridabar.org/the-florida-bar-journal/redeveloping-florida-united-states-supreme-court-says-no-time-is-better-than-now/
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