Robert Berger is a professor of law and director of the Canada-U.S. Legal Studies Centre. An affiliate of the Environment and Society Institute, his areas of specialization include civil procedure, complex litigation, and environment and development policy.

What exactly are brownfields?

The formal EPA definition is an "abandoned, idled or under-used property where expansion or redevelopment is complicated by real or perceived environmental contamination." It has become a very broad term that encompasses a great many types of properties, but the most common usage refers to land in an older industrial urban area.

	Berger

How extensive are they in Western New York?

No one really has a precise idea of the number of brownfields here, partly because of the definition issue. But there is general agreement that there is little, if any, land available for development in the urban areas of Western New York other than those that fall under the brownfield umbrella.

Has brownfield redevelopment become a growth industry, especially in Western New York?

Certainly the interest in brownfield redevelopment has been increasing over the past few years. Whether there has been a substantial increase in the number of brownfield sites that have been cleaned up and reused is not as clear. There is more willingness to apply the brownfield label to properties today, but that alone does not mean there is really more redevelopment of such sites.

In light of what's been happening at Hickory Woods, is it really possible to clean up a brownfield site so it's a safe place for people to live?

In this area, not many brownfield sites are used for residential, but depending on the contamination, such sites can be safe to use for housing. I only have general familiarity with the Hickory Woods problem, but it should not be used as an example of why brownfields cannot be safely recycled. In fact, the "brownfield problem" usually is seen as the inability to reuse sites, especially for housing, without lengthy and sometimes costly investigation for possible contamination. Somehow, Hickory Woods apparently did not undergo the full testing and necessary cleanup that normally is required today to transfer title to property and get financing. Responsible brownfield redevelopment encompasses full and adequate environmental investigation.

Are the safety criteria different for different types of development?

Although this can be very controversial, most states have some provisions for such "differential cleanup standards." In New York, if the brownfield is being cleaned up under one particular provision, the Voluntary Cleanup Program, then these different land-use standards are authorized.

Is the Law School's Environment and Development Clinic involved in the brownfield issue?

Yes, the clinic has been working on these issues this year, as well as in past years. Students have been working with officials in the City of Buffalo and the County of Niagara on specific brownfield projects, as well as with a non-profit organization. We help with a variety of concerns, mostly relating to questions of liability and financing alternatives. The clinic also has prepared a number of reports on brownfield issues over the past five years.

What is the Brownfield Action Project (BAP)?

BAP is a multidisciplinary effort initiated in 1999 through support from the UB Environment and Society Institute. It draws upon the many resources existing at UB relevant to brownfield redevelopment, including those in law, planning and civil/environmental engineering, among others. BAP provides a mechanism for interdisciplinary brownfield research and service projects to be conceptualized and implemented.

BAP issued a report several years ago calling for the formation of a nonprofit organization to facilitate brownfield revitalization. What's happening with that?

There have been extensive discussions of the form such a non-profit should take and what its relationship with the university should be. We are going to work next year on a pilot project to help determine the answers to these questions.

What question do you wish I had asked, and how would you have answered it?