brownfield redevelopment

One of the issues that has prevented local governments from being more aggressive in addressing brownfields has been liability concerns associated with existing environmental contamination.  Prior to 2009, some local governments learned the hard way that placing their name in the chain of title as an "owner" exposed the local government to liability under CERCLA

Last week, we hosted a very successful seminar covering commercial and industrial property redevelopment.  I participated on a panel that included JobsOhio, the City of Cleveland and TeamNEO discussing brownfield redevelopment, in particular, incentives.  A major focus of the discussions was the relatively new JobsOhio Revitalization Program.  

I have worked with JobsOhio on

The federal government is the nation’s largest property owner.  It holds over 900,000 buildings and structures totaling three billion square feet.  

In 2010, the federal government spent more than 1.5 billion dollars to maintain approximately 77,000 underutilized and vacant properties.  Another 14,000 properties are no longer used by the federal government and could be

On October 22nd, Kristi Tanner, a managing director of JobsOhio presented regarding Ohio’s new brownfield redevelopment incentive program which will replace Clean Ohio.  Many in the brownfield redevelopment community have been anxiously awaiting the roll-out of the new program.

According to Ms. Tanner, JobsOhio will start discussing potential projects now, but awards under the new

Ohio EPA has established its own voluntary cleanup program for addressing hazardous substances and obtaining a legal release from liability- the Voluntary Action Program (VAP).  The VAP program has been on the books since 1995. 

When the VAP was created its purpose was to allow the private sector to address historical contamination at industrial or

The Kasich Administration has decided that it wants to put the legal challenges to JobsOhio to rest once and for all. Through legal maneuvering the Administration has put the ultimate question- is JobsOhio constitutional- before the Ohio Supreme Court.  At issue is whether transfer of liquor profits to JobsOhio violates the Ohio Constitutional prohibition on

The contractual language appearing in purchase or lease agreements for industrial property is critical.  I have seen a number of contracts that were fraught with vague terms or even silent on liability allocation.  Those contracts now define the company’s liability exposure.   Protections the company thought they may have are either non-existent or in question.  

That is why it is