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
bona fide purchaser defense
New ASTM Phase I Standard Under Development- What to Expect
ASTM International publishes the accepted standard for performance of Phase I environmental assessments to evaluate a property’s environmental condition and assess potential liability for any contamination. U.S. EPA’s “All Appropriate Inquiries” Rule (AAI) recognizes the current ASTM Phase I standard, ASTM 1527-13, is consistent with the requirements of AAI and can be used to satisfy…
New Ohio Law Reduces Cost and Time for Environmental Cleanups
On June 16, 2020, Ohio Governor Mike DeWine signed House Bill 168, which provides greater flexibility to manage environmental issues on commercial/industrial property. The bill will take effect on September 14, 2020 (90 days after the governor’s signature).
What issue does H.B. 168 address?
The cost to clean up historical contamination at commercial/industrial properties has…
Five Common Mistakes When Purchasing Potentially Contaminated Property
Many businesses or developers are intimidated about purchasing property former industrial or commercial property that may be contaminated. The fear of the unknown can be the biggest deterrent to considering properties that may be contaminated. Common concerns include:
- Could I be buying a potential mess, which could cost me six to seven figures to
Indiana Court Grants Bona Fide Purchaser Defense Without a Phase I
Despite its limitations, most commercial and industrial property transactions rely on the Bona Fide Purchaser Defense (BFPD) to CERCLA as the principal means of protecting new owners from environmental liability. While EPA has adopted the “All Appropriate Inquiry” (AAI Rule) to provide some clarity to the steps necessary to qualify for the defense, there is…
New Ohio Bill Could Jumpstart Brownfield Redevelopment
Since the sunset of the very successful Clean Ohio Brownfield Revitalization Program, brownfield redevelopment has slowed in Ohio. At a time when the economy is finally doing well, and real estate development is in full recovery mode, brownfields are still being passed over for less costly redevelopment options.
This past week, Representative Arndt introduced House…
BUILD Act- Federal Brownfield Legislation Includes Major New Liability Protections
Congress does not often pass environmental legislation, so the passage of the Brownfields Utilization, Investment, and Local Development Act (BUILD Act) is noteworthy. While the amount of federal funds available will still be far less than needed to move the needle, there are important changes to the law that will help facilitate brownfield…
What Ohio Can Learn from the New Kansas Brownfield Law
In my four part blog post series- Rethinking Brownfield Redevelopment in Ohio- the final post advocated for a new Ohio liability protection law for buyers of contaminated property. The new law would provide brownfield redevelopers liability protection faster and at a lower cost than the current Ohio Voluntary Action Program (VAP).
I suggested looking to…
Rethinking Brownfield Redevelopment in Ohio: Part 4 of 4
This is the final post discussing the current state of brownfield redevelopment in Ohio. It provides suggested changes to the regulations and incentives in Ohio to accelerate brownfield redevelopment. The prior posts in this series discussed the following:
- The Issues Presented by Brownfields- In particular the impact to Urban Centers
- The Current State of Brownfield
Rethinking Brownfield Redevelopment in Ohio- Part 3 of 4
This is the third post in a series of four assessing the current state of brownfield redevelopment in the State of Ohio. This third post will evaluate the progress Ohio has made in the last twenty years with regard to addressing brownfields.
Current Options for Addressing Environmental Liability
As discussed extensively in the prior posts…