November 12, 2009

On November 5, 2009 Minnesota Brownfields, a 501(c)(3) dedicated to promoting efforts that support and enhance the reuse and redevelopment of Brownfields throughout the State of Minnesota, held a well attended conference in St. Paul, Minnesota.  Speakers from the U.S. Environmental Protection Agency (EPA) Region 5, the Minnesota Pollution Control Agency (MPCA), and environmental consulting firms addressed a large group of parties including developers and property owners who are interested in the redevelopment of contaminated property.  The EPA is promoting “green” cleanups at polluted sites where the site investigation and remediation work involves the use of alternative fuels or other sustainable practices.

There was extensive discussion as to additional costs that may be incurred in implementing these favored practices and whether these costs can be recovered in a cost recovery action brought under federal or state Superfund laws.  A link to materials at the conference can be found at the Minnesota Brownfields website at:  Conference participants were advised that the EPA is applying sustainability methods across various media and cleanup programs within the EPA.

Joseph Maternowski has extensive experience in assisting clients with redevelopment of Brownfields sites in Minnesota and across the country.  Joe is knowledgeable of state cleanup programs such as the MPCA’s Voluntary Investigation and Cleanup (VIC) and Petroleum Brownfields Programs.  For information about the MPCA’s cleanup programs please see and

Joe Maternowski, chair of Hessian & McKasy’s Environmental Law Attorney Practice Group, has experience with obtaining liability assurances that are available under Minnesota environmental land statutes. Joe Maternowski works with his colleagues at Hessian & McKasy assist clients with all aspects involving the sale and purchase of commercial and industrial property.

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy. P.A.


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