LPDD Model Law: CERCLA Liability Limitation for Renewable Energy and Carbon Capture
Would amend CERCLA to limit liability for persons who own, operate, lease property for, construct or finance certain renewable energy and carbon capture projects.
LPDD Recommendation: “Congress could provide a liability exemption under CERCLA for the developers of renewable energy facilities on contaminated land, assuming they have followed specific standards and procedures. States could offer similar liability exemptions.”
LPDD Recommendation: “States could adopt laws similar to California’s law encouraging renewables development on disturbed agricultural land.”
LPDD Recommendation: “States should conduct surveys to determine what disturbed lands (and other privately owned lands) would be suitable for renewable energy facilities.”