On January 30, 2023, Phase 2 of the Biden Administration’s rule making revisions to Nation Environmental Policy Act (NEPA) were sent by the White House Council on Environmental Quality (CEQ) to the Office of Management and Budget (OMB). Once OMB completes its review the proposed rule will be published in the Federal Register for public
Final Round of Ohio Brownfield Grants Awarded
On December 16, 2022, Governor DeWine announced $88 million in grant funding for 123 brownfield remediation projects. This marks the third round of funding. Collectively, the three rounds of funding have resulted in a total of $341 million in grant funding awarded in one year. Of the $341 million in grant funds provided $19.2 million
U.S. EPA Endorses New ASTM Phase I Standard
On December 15, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule that endorses ASTM E1527-21 which provides a uniform standard for performing Phase I Environmental Assessments. The new rule will have an effective date of February 13, 2023. The EPA endorsement of the new ASTM Phase I standard means that the procedures
Understanding What is True and Not True when Closing a Facility in Ohio
In order to try to prevent major environmental issues at abandoned or closed factories, Ohio adopted a program known as the “Cessation of Regulated Operations” (CRO). While this program has been around since 1996, there are misconceptions among businesses and developers as to what it means when a property goes through CRO.
Ohio EPA’s
Debate Over Cuyahoga County Jail Site Shows Stigma of Brownfields
Cuyahoga County has been engaged in a long search for a new jail. The preferred location is property on Transport Road, which was also the site of Rockefeller’s Standard Oil Refinery #1. A significant part of the controversy surrounds whether the site is safe for redevelopment given its industrial past. The debate surrounding the site
Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the evidence needed to support cleanup claims at any site where PFOS or PFOS contamination exists.
Ohio Releases Guidelines for $500 Million in Funding for Brownfield and Demolition Programs
In July 2021, Ohio’s 2022-2023 budget allocated $500 million in new brownfield funding under various development programs: $350 million for the investigation, cleanup, and revitalization of brownfield sites and another $150 million for the demolition of vacant or abandoned commercial or residential buildings.
The Ohio Department of Development (ODOD) will administer the funding and is
Biden Administration Accelerates Federal Regulation of PFAS
This week the Biden Administration released their PFAS Strategic Roadmap which sets forth ambitious action on regulation of Per- and Polyfluoroalkyl Substances (PFAS) pollution, including targeted action with deadlines for eight different federal agencies. The EPA’s stated goal is to focus on PFAS both upstream and downstream.
Upstream EPA intends to look at evaluating toxicity
Deja Vue All Over Again- No Certainty on Federal Regulation of Waters of the United States
An Arizona federal court has vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR). In the case of Pasqua Yaqui Tribe v. EPA, No. CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of the Clean Water Act (i.e. which rivers, streams and lakes are federally regulated) had “fundamental,
Biden EPA Rescinds Trump Guidance on Clean Water Act “Functional Equivalent Test”
In 2019, the U.S. Supreme Court’s decision in County of Maui V. Hawaii Wildlife Fund addressed when a permit is required under the Clean Water Act for discharges to groundwater. Prior to Maui, it was a long standing debate as to when the Clean Water Act (CWA) in order to discharge to groundwater. Traditionally,