The Inflation Reduction Act, Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), among other things creates tax incentives for clean energy development. The IRA enhances those tax credits for energy projects located on a “brownfield.” That enhancement will increase development pressure on “brownfield” sites. There may be some confusion over how “brown” a “brownfield” has to be to qualify, but just the label connotes an increased risk of residual liability to those associated with the site to clean up contamination. Therefore, these tax provisions create a demand for the conventional environmental practice tools that manage that risk.
Continue reading the full article, published by The Legal Intelligencer March 4, 2024. Reprinted with permission.