Audie Tarpley has overseen the design and development of numerous commercial, office, and retail construction projects throughout his 30-plus years as a construction and real estate investment leader. In addition to managing business development and project designs at Dillon in Indianapolis, Indiana, Audie Tarpley strives to shape the future of the industry as a member of organizations such as the International Council of Shopping Centers (ICSC). Driven by industry advancement, ICSC members promote and elevate multi-purpose retail locations that provide consumers with shopping, dining, recreational, and community opportunities.
As consumer needs and commercial interests change, the ICSC has learned to adapt, partly through the launch of the organization’s Sustainability and Impact Center, which keeps members up to date on the latest news, policy analysis, and best practices relating to environmental and community impact. Property developers, retail owners, and all business leaders must appreciate the growing importance of sustainable practices across virtually all industries; one study found that 80 percent of United States consumers will pay more money for sustainably-sourced products, while an Institute of Sustainability and Environmental Professionals report found that a growing number of Americans will boycott or outright drop brands that do not share their environmental values.
Perhaps most importantly, US consumers are no longer buying into corporate “blame-shifting” when it comes to climate action, and now expect corporations to take measurable actions to mitigate their environmental impact, according to a Time Magazine story.
Cognizant of these public sentiments, the ICSC’s chair of Environmental Policy and Land Use Subcommittee, Lawrence Falbe, testified before the House Energy and Commerce Environment Subcommittee at the end of 2025. Falbe’s testimony came as part of a larger hearing exploring the influence of the Environmental Protection Agency’s perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) designations, both of which the EPA has designated as hazardous substances in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Falbe discussed how these designations have increased risk for many commercial real estate industry leaders, including both land developers and property investors. Although CERCLA does not compel land owners to perform cleanup duties at specific sites, PFOA and PFOS designations have created new levels of uncertainty during certain redevelopment projects and related real estate transactions, specifically those involving brownfield and infill processes.
Land use professionals use the term “brownfields” to describe underused or otherwise abandoned properties, such as old factories or closed gas stations. Because of potential environmental contamination, these properties often require cleanup efforts before developers can commence with redevelopment efforts. Similarly, infill projects involve redeveloping vacant properties in urban areas as a viable and sustainable alternative to urban sprawl. Both processes are vital to economic growth in suburban and urban communities, in addition to helping the US combat the ongoing housing crisis.
During his testimony, Falbe discussed the complications involved with PFAS contamination, which often occurs off-site and is widespread in communities with airports or those characterized by long periods of industrial activity, among other factors. CERCLA regulations, however, may shift liability onto new property owners, which can severely constrain financing and limit redevelopment efforts. Falbe also explained how the EPA’s PFAS Enforcement Discretion Policy fails to protect property owners from third-party litigation.
More importantly, Falbe promoted ICSC’s commitment to science-based PFAS regulation, particularly when it comes to safeguarding America’s drinking water, and supports legislation that demands true accountability from polluters. As part of the testimony, he urged Congress to develop legislation that targets active polluters rather than passive landlords as part of larger efforts to support critically important economic development efforts throughout the US. Falbe reaffirmed ICSC’s willingness to collaborate with both Congress and the EPA, as well as state governments and local communities, to meaningfully address PFAS contamination throughout the country.
