Following a basic description of the New Jersey program, I will discuss two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program. My aim is more modest than a full-scale re-evaluation of all brownfields programs (or indeed of the New Jersey program in its totality); instead I look at the experience within one program to assess whether there is movement toward the development-centered approach. I find that some developments in New Jersey are positive, notably the BDA's approach to addressing multiple brownfield sites concurrently in the same location. On the other hand, the Grace Period Rule introduces the prospect for additional delay in cleanups that is unwarranted given the current program structure.
Joel B. Eisen, Brownfields at 20, A Critical Reevaluation, 34 Fordham Urb. L.J. 721 (2007).