Under this provision, before assuming ownership of property, builders and developers would need to have a qualified professional conduct a thorough investigation of the site — a process referred to as an “All Appropriate Inquiry” — and document its potential for being contaminated. Bona fide purchasers then would qualify for federal liability protection against lawsuits filed by the federal government or third parties, as long as they took appropriate care of the property.
The EPA last year invited NAHB to participate in a negotiated rulemaking panel to develop this proposed rule, along with 24 other organizations, including the Real Estate Roundtable, American Society of Civil Engineers, Environmental Defense, Environmental Bankers Association and U.S. Conference of Mayors.
“This was an open and collaborative effort among competing groups in the debate over brownfields redevelopment,” said Martin Mitchell, 2003 chair of the NAHB Environmental Issues Committee (a link for NAHB members only) and a home builder from Rockville, MD, who represented the association on the panel. “In the end, we came together to support a proposed rule that will benefit the residents living near these sites, their communities and the environment.”
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