The Uncertain Future of Brownfield Redevelopment in California

Matt Winefield was recently interviewed by environmental attorney extraordinaire, Thierry Montoya, about the current state of brownfield redevelopment in California. The interview was recorded for Thierry’s environmental law podcast known as the “Essential Environmental Podcast.” We try to answer the question: Does it remain feasible to invest in brownfield projects given recent regulatory handcuffs imposed by the California EPA, Department of Toxic Substances Control, and State Water Resources Control Board?

Time Stamp - Topic
05:00 - Defining Brownfields
08:00 - Dry Cleaner Environmental Risks
09:10 - Defining a Soil Vapor Attenuation Factor
13:20 - Environmental Justice Considerations
15:00 - Consequences of the CalEPA’s Vapor Intrusion Guidance (VIG)
18:30 - Environmental Regulator Staff Turnover
20:30 - Brownfield Investment Viability when Groundwater is Impacted
22:45 - Leveraging Old Insurance Policies for Current Remediation
25:00 - Brownfield Success Stories
29:00 - Deals Killed Due to CalEPA’s VIG
30:00 - Site Specific Attenuation Factors
30:45 - The CalEPA VIG is an Underground Regulation
36:00 - Taking Legal Action Against CalEPA
37:15 - Incorporating the VIG into Water Code Section 92-49
39:45 - Regulatory Inflexibility for the 0.03 Attenuation Factor
42:50 - How OCHCA is Using the 0.03 Attenuation Factor for Assessments
44:00 - The Courts’ Deference to Environmental Regulators
48:00 - CA Brownfield Investments in Today’s Regulatory Climate
52:10 - Putting Political Pressure on Environmental Regulators
54:50 - Current Assessment and Remediation Grants
56:50 - Environmental Insurance Options