Those of us who have had the (relative) pleasure of representing clients investigating and remediating contaminated properties under the Massachusetts Contingency Plan have, for years, been scratching our heads over the Nutmeg State's loyalty to its Transfer Act which authorized a "command and control" approach to the identification, investigation and remediation of contaminated "Establishments" as defined by the Act. Addressing a Brownfield in Connecticut under the Transfer Act makes one yearn for home more than your favorite meal. I encourage you to read this blog on Connecticut's change in course by American College of Environmental Lawyers Fellow Pam Elkow. My only question is what took Connecticut so long?
In September 2020, during a special legislative session, Connecticut took the plunge and passed Public Act 20-9, a statute that will sunset the Connecticut Transfer Act, and replace it with a release-based reporting and remedial program addressing historical releases throughout the State. Connecticut is – and hopefully in the not too distant future, we’ll be saying “was” – one of only two states with such a transfer statute.
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