Brownfields Repurposed for Renewable Energy Generation
With experienced energy and environmental attorneys, Michaud Law Group specializes in turning brownfields into brightfields. Our clients trust the firm to handle every brownfield or landfill clean energy project phase. We use our innovation, expertise, and integrity to work for our clients, from design and financing to permitting, construction, and asset management. Since almost every city and town in the United States has brownfield sites, these represent an untapped opportunity for sustainable energy development on undervalued property near population centers. We have deep experience reusing brownfields and landfills as host sites for community-scale solar arrays, which is still relatively recent.
Brownfields are located in cities and towns in every United States. They are often the result of out-of-business or abandoned commercial enterprises like manufacturing facilities, dry-cleaning operations, or gas stations — places where chemicals were present in significant amounts over time that may have been spilled or released, resulting in impacts on soil and groundwater quality. Brownfields may have been formerly bustling factories at the center of the town, an inactive rail yard now quietly surrounded by a chain-link fence, or large coal ash ponds in and around coal-fired power plants. Brownfield sites are common in the United States.
Although brownfield redevelopment is still an underutilized market segment, we have deep expertise in identifying and mitigating the environmental liabilities and construction challenges inherent in brownfield redevelopment efforts. Our work includes identifying and ameliorating environmental liabilities, designing projects to operate with existing environmental remediation requirements, working with regulators, creating specialized construction procedures, and performing additional environmental remediation to address any potential soils that may need removal.
Despite the unique challenges of developing renewable energy projects on brownfields, it is essential to recognize that brownfield development also presents a unique opportunity for energy renewable energy generation sites. Brownfield sites are usually located near power lines and public roads, which can save the construction costs of building access roads or costs associated with constructing a long interconnect route. Redeveloping a brownfield or landfill with a community-scale solar project improves the local tax base and can generate energy savings, create jobs, and turn blight into an economic opportunity.
Communities see opportunity in brownfield redevelopment as a means to improve their tax base, protect open space, and utilize previously developed land for the community's benefit.
The Northeast States provides special incentives for renewable energy project development on Brownfield sites. For example, Connecticut prefers brownfields for development. State incentives include a brownfield development loan program, grants, liability relief, and siting guidance. Massachusetts offers subsidized environmental insurance, low-interest loans, tax incentives, and liability relief for brownfield redevelopment. New Hampshire offers loans and grants for brownfield development and liability protection for those redeveloping brownfield properties. New York offers incentives such as liability relief and tax credits for brownfield redevelopment. New Jersey offers tax incentives, partial reimbursement of remediation costs, and grant and loan packages to help pay for assessment and cleanup. Rhode Island created an inventory of every brownfield in the state and provides incentives for development, including funding assistance, grant opportunities, and cleanup loans. Finally, Maine enacted legislation incentivizing renewable energy projects built on preferred sites and offering liability relief for brownfield redevelopment.