Our rich industrial history in Massachusetts has, unfortunately, left a legacy of contamination and abandoned or underutilized properties throughout the Commonwealth. These properties leave a blight on our communities and pose potential threats to human health and the environment. Historically, these properties have remained vacant due to liability concerns of those purchasing these properties. However, these properties present some of the most exciting and wide-ranging opportunities for development, and the Attorney General’s Brownfields Covenant Not to Sue program offers liability relief as a means of making that happen.
A Brownfields Covenant Not to Sue is an agreement between a prospective purchaser and/or a current owner and the Attorney General’s Office for liability relief in exchange for a commitment to clean up a contaminated site in accordance with the requirements of G.L. c. 21E and the Massachusetts Contingency Plan and to undertake an Eligible Brownfields Project, or a project that contributes to the economic or physical revitalization of the community or provides a public benefit to the community.