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Gibbons Real Property & Environmental Team Members Contribute Chapter in Brownfields Publication


August 9, 2012

David A. Brooks and Paul M. Hauge, both members of the Gibbons Real Property & Environmental Department contributed a chapter in Implementing Institutional Controls at Brownfields and Other Contaminated Sites. Edward F. McTiernan, Deputy Counsel with the New York Department of Environmental Conservation, co-authored the chapter with Mr. Brooks and Mr. Hauge.

Their chapter covers the state of New Jersey; and appears in Part III of the volume, which is entitled “Selected States and Ontario, Canada.” The chapter covers New Jersey’s particular approach to institutional controls, including the implications of the 2009 Site Remediation Reform Act. The book is published by the American Bar Association.

Implementing Institutional Controls at Brownfields and Other Contaminated Sites discusses why the Uniform Environmental Covenants Act (UECA) is important and how most states are handling institutional control issues, whether they have adopted UECA or not. Other institutional control tools, such as EPA’s use of five-year reviews under the federal Superfund law, Land Use Control Implementation Plans, and state and local innovations are also discussed, as well as recent efforts to improve regulators’ and practitioners’ understanding of institutional control issues. Amy L. Edwards is the editor of this edition.

Mr. Brooks concentrates his practice in the area of environmental law, especially regulatory compliance, including compliance with the Industrial Site Recovery Act; solid waste and hazardous waste and substances management; Brownfields redevelopment; and remediation and litigation under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and the New Jersey Spill Compensation and Control Act. He also worked on numerous Brownfields redevelopment projects.

Mr. Hauge represents clients in administrative and judicial proceedings brought under federal and state environmental statutes and common law, including New Jersey Spill Act directives, EPA investigations, brownfield disputes, Spill Act and CERCLA/Superfund cost recovery and contribution actions, natural resource damage suits, and toxic tort litigation.