Abstract
A major obstacle to the goal of sustainable urban development has been the ongoing presence of historic contamination. No one wants to live, work or play next to contaminated land. These so-called brownfield sites often remain abandoned and underutilized lands that could be put to higher or better uses if the longstanding problem of contamination is addressed. This paper identifies key factors underlying the brownfield market failure and discusses ways to correct the market failure. The paper looks at improved information through capacity building, fixing structural problems associated with the regulatory system, such as the way liability rules operate within environmental legislation, and a sustainable development approach through greater municipal action. It attempts to integrate current theories of liability with the regulatory framework under federal, provincial and municipal law, and discusses the rapid expansion of municipal activism as a good approach to an effective brownfield strategy.
Refereed
No
Sponsorship
This research paper was funded by the Alberta Law Foundation. The generous support of the Foundation is gratefully acknowledged.
