Environmental Justice and Industrial Redevelopment: Economics and Equality in Urban Revitalization

706 I. The Rise of Urban Redevelopment As an Environmental Issue 714 A. The Legacy of Urban Industrial Roots: Abandoned Contaminated Sites 714 B. The Spread of Contamination to Greenfields 717 C. Siting Environmental Hazards in Urban Areas 722 II. Reforming Environmental Laws To Remove Obstacles to Urban Redevelopment 725 A. Obstacles to Urban Redevelopment 726 1. Prospective Purchaser Liability 726 2. Financing and Lender Liability 728 3. The Uncertain Regulatory Context 732 a. Overlapping State and Federal Jurisdiction... 732 b. Delays and Uncertainty in Agency Actions .. 733 c. The Spiraling Costs of Assessment and Rem ediation 735 B. Changes Sought by Urban Redevelopment A dvocates 738 1. Reducing Cleanup Standards 738 2. Limited Liability 742 a. State Certification of Clean Sites 742 b. Prospective Purchaser Agreements 743 i. The Substantial Benefit Requirement .... 744 ii. The Covenant Not To Sue Requirements 746