Outsourcing the Filth: Privatizing Brownfield Remediation in New Jersey

Abstract

Environmental cleanup for contaminated properties is a complicated process, with liability existing at both state and federal levels. For many years, the federal government has largely deferred responsibility for the cleanup of contaminated properties to the states. New Jersey has recently privatized several aspects of its environmental cleanup process. Prior to privatizing the state cleanup process, New Jersey had refined the typical state model of a Voluntary Cleanup Program by creating the Brownfield Developmental Area initiative. The Brownfield Developmental Area initiative was extremely effective, yet it was expensive to administer. As a result, New Jersey implemented the Site Remediation Reform Act, which totally eliminated the state’s Voluntary Cleanup Program, and privatized the cleanup process. This note argues against some of the policies associated with the privatization of environmental cleanup, and suggests several courses of action that can be implemented to maximize privatized site cleanup.