Developing Renewable Energy on Contaminated Land: Regulatory Challenges and Protecting Against Liability Exposure
Reusing Lands and Facilities for Renewable Energy Projects: Siting, Permitting, Cleanup, EPA Liability Protections

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Thursday, August 21, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide renewable energy counsel on overcoming challenges in developing renewable energy projects on contaminated lands. The panel will discuss key issues in the reuse of lands and facilities, federal and state regulatory challenges, assessing and protecting against liability exposure, leases and EPA protections via CERCLA, and other key items to ensure compliance and avoid liability.
Faculty

Mr. Drapalski focuses on complex commercial litigation, products liability litigation, environmental litigation, and environmental law, including federal and state Superfund, enforcement, compliance counseling, and transactional matters. He represents companies in various high-stakes disputes, including commercial and products liability, as well as regulatory proceedings. In addition to leading litigation matters, Mr. Drapalski is a trusted advisor to help companies navigate issues in various practice areas, including in connection with environmental compliance and the energy transition.

Mr. Lee is an environmental lawyer with a broad mix of experience in both counselling and litigation matters. He advises clients on issues ranging from permitting, transactional, project development and enforcement matters involving the Comprehensive Environmental Response Compensation and Recovery Act (CERCLA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA), Toxic Substance Control Act (TSCA), National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and National Historic Preservation Act (NHPA).
Description
The EPA promotes the reuse of potentially contaminated lands and landfills for new renewable energy projects. Developing renewable energy on contaminated land is cost-effective for utility and energy companies but requires strict compliance with federal and state regulations.
The demand for sustainable energy continues to grow in the U.S. and abroad, with multiple states and countries developing programs to incentivize renewable energy development. Focusing renewable energy development on brownfields, Superfund sites, retired power plants, and landfills gives developers access to infrastructure that is already in place and is likely to be properly zoned and permitted.
The benefits of reusing potentially contaminated lands come with a series of complex rules and procedures such as assessing potential sites, the extent of any possible contamination, remedial measures for prevention of any negative impact to surrounding areas, and federal and state requirements for cleanup and waste disposal.
Listen as our panel discusses the necessary and most practical processes for the reuse of contaminated lands for renewable energy projects, protecting against liability exposure, leasing and re-tasking retired power plants and landfills, and available EPA protections.
Outline
I. Overview of applicable federal law and recent state regulations
II. Regulatory compliance challenges and methods to overcome them
III. Financing options and allocating risks
IV. Siting, permitting, and cleanup issues
Benefits
The panel will review these and other key issues:
- What are the key factors to consider before developing renewable energy projects on contaminated lands?
- What federal and state regulations are relevant in the reuse of potentially contaminated lands, retired power plants, etc.?
- What are the redevelopment opportunities for renewable energy projects?
- How can developers and investors limit their liability exposure?
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