Meyers Nave Negotiates the First Agreement Under California Land Reuse and Revitalization Act of 2004

Oakland, CA - Referring to the need to promote the redevelopment and cleanup efforts of Brownfields sites, California Environmental Protection Agency's Acting Director Leonard Robinson announced the signing of California's first agreement under the California Land Reuse and Revitalization Act of 2004 (CLRRA), negotiated by Meyers Nave attorney, Leah Goldberg.

The California Land Reuse and Revitalization Act of 2004, provides liability relief to landowners who are not responsible for placing hazardous substances on property and who qualify as bona fide purchaser, contiguous landowner or innocent landowner as those terms are defined in the statute. To qualify for the liability relief, the landowner must enter into an agreement with the State.

"By negotiating the first agreement, Meyers Nave is on the cutting edge of the brownfields practice area," said Steve Meyers for Meyers Nave. Goldberg added, "Our brownfields team strives to use the most appropriate liability limiting tool for the situation. For example, we employed the Polanco Redevelopment Act to facilitate the conversion of 44 acres of former industrial land to residential use in San Leandro and used a Prospective Purchaser Agreement to allow the City of Anaheim to expand a public park onto former industrial land. By being the first to negotiate a CLRRA agreement between the Department of Substances Control (DTSC) and La Vista, LLC, Meyers Nave utilized the most appropriate brownfields tool for this client."

The subject of the agreement is a 3.5-acre site used for agricultural operations until the 1950s, when it was modified into a pickle processing factory that operated until 2004. In 2005, La Vista, LLC purchased the property. La Vista will cleanup the property pursuant to its agreement with the State and then turn the property over to an affordable housing developer. DTSC will oversee the cleanup.

For more information on our Redevelopment and Housing Group, please visit Meyers Nave's Redevelopment and Housing Group on the web.