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Utilizing Disturbed Lands for Renewables Development

MCLI Recommendation: “Congress could provide a liability exemption under CERCLA for the developers of renewable energy facilities on contaminated land, assuming they have followed specific standards and procedures. States could offer similar liability exemptions.”

LPDD Recommendation: “States could adopt laws similar to California’s law encouraging renewables development on disturbed agricultural land.”

LPDD Recommendation: “States should conduct surveys to determine what disturbed lands (and other privately owned lands) would be suitable for renewable energy facilities.”

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6 resources

Resource Executive Branch

NREL report: Solar Development on Contaminated and Disturbed Lands

NREL has prepared a 2013 report, Solar Development on Contaminated and Disturbed Lands, which examines the prospect of developing utility-scale solar power on degraded and environmentally contaminated...
Example States and State Governments

California’s Solar Easements Statute

California. California has adopted a 2011 statute providing for solar easements on otherwise restricted agricultural lands that have “severely adverse soil conditions” or “significantly reduced agricu...
Model Law Congress

LPDD Model Law: Exempting Renewables on Brownfields from CERCLA Liability

This model legislation provides liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for wind and solar energy developers on contaminated site...
Example Executive Branch

RE-Powering America’s Land Initiative

The US EPA has established the RE-Powering America’s Land Initiative to encourage and facilitate the development of renewable energy on disturbed lands. EPA has developed an online mapping tool that h...
Model Law Congress

LPDD Model Law: CERCLA Liability Limitation for Renewable Energy and Carbon Capture

This model law would amend the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”), 42 U.S.C. § 9601-28, to limit liability for persons who own, operate, lea...
Resource Executive Branch

CERCLA Liability Reference Guide for Renewables Development

CERCLA makes anyone who assumes ownership or operation of a contaminated site potentially liable for its cleanup (42 USC 9607). EPA insists that it will ordinarily not take enforcement action against ...