Small Business Liability Relief and Brownfields Revitalization Act
Key claim: The Small Business Liability Relief and Brownfields Revitalization Act amends CERCLA to exempt certain small-volume and municipal-solid-waste contributors from Superfund response-cost liability and establishes federal brownfields assessment, cleanup, and redevelopment authorities.
Abstract
(HR2869 · 107th Congress) Small Business Liability Relief and Brownfields Revitalization Act - Title I: Small Business Liability Protection - Small Business Liability Protection Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide (with exceptions) that persons shall be liable for response costs at a National Priorities List (NPL) facility as non-owners or operators only if the total of material containing a hazardous substance that the business arranged for disposal, transport, or treatment of, or accepted for transport, was greater than 110 gallons of liquid material or 200 pounds of solid material. Applies this exemption only to activities taking place before April 1, 2001. Exempts a person from liability for response costs (with exceptions) at a NPL facility for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person’s MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW, with respect to the facility concerned. Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above-described exemptions. Adds to the list of parties eligible for de minimis final settlements certain persons and businesses that demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties, including waiver of all claims that the party may have against other potentially responsible parties for response costs incurred with respect to the facility, unless the President determines that requiring a waiver would be unjust. Title II: Brownfields Revitalization and Environmental Restoration - Brownfields Revitalization and Environmental Restoration Act of 2001 - Subtitle A: Brownfields Revitalizat Latest action (2002-01-11): Became Public Law No: 107-118.
Why this matters
The 2002 Act is the statutory foundation for federal brownfields redevelopment, enabling builders and municipalities to assess and reuse contaminated urban and industrial parcels that would otherwise remain dormant — expanding developable land supply for housing and mixed-use projects. Its CERCLA liability carve-outs reduce a key legal risk that has historically deterred acquisition and reuse of marginal sites, shaping how subsequent reauthorizations and land-use programs interact with contaminated-site redevelopment.