Can local governments be held liable for cleanup costs at a contaminated site?
Yes, however it would be rare for a local government to be held liable if the local government simply acquires a brownfield property for purposes of cleaning it up. The Illinois EPA is not aware of any site in Illinois where liability has been imposed on local government by state or federal government in such circumstances. There have been some cases where local governments have been held liable for cleanup costs at contaminated sites, however most of these were cases where the local government caused or contributed to the contamination.
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- Can local governments be held liable for cleanup costs at a contaminated site?