Attorney General Mike DeWine should be commended for putting together a comprehensive manual regarding legal issues, resources and incentives available to assist with economic development. The manual is called the 2015 Ohio Economic Development Manual.
The Attorney General collaborated with a number of state agencies and local economic development organizations in putting together
In a novel case, the Court of Appeals (Second District Montgomery County) held that Ohio EPA had no duty to disclose knowledge of contamination to a buyer of a contaminated property, even though the Agency had records in its files documenting additional contamination. See, Ohio v. Republic Envrtl. Sys. (Ohio), Inc., 2015 WL 5783650 (Ohio
A key issue in brownfield redevelopment relates to proper valuation of property that is contaminated. As discussed below, Ohio does recognize that contamination is a relevant factor that should be considered in determining a properties value. However, other than recognizing it is a relevant factor, Ohio has failed to develop a consistent and reasonable
I previously posted about the new $20 million dollar cleanup fund created to address old gas stations. The fund with be operated by the Ohio Development Services Agency (ODSA).
The fund will provide up to $100,00 for sampling and $500,000 for cleanup of abandoned gas stations or underground storage tanks that are classified
As part of the 2016-2017 Operating Budget for the Ohio Development Services Agency (ODSA), a new $20 million dollar cleanup fund was created in House Bill 64 to address old gas stations around the state. The money came from remaining Clean Ohio funds.
Abandoned or defunct service stations have always fallen through the cracks
The current version of the budget bill (H.B. 64) contains language to create a gas station cleanup fund. The funding for this initiative is left over Clean Ohio money. It is estimated that $20 million in Clean Ohio funds were either unused or represent cost savings from completed projects.
Rather than redirect the
There has not been a lot of recent case law applying the CERCLA Bona Fide Purchaser Defense or Innocent Landowner Defense. Every time a new case emerges it is picked apart by the environmental bar trying to discern the value of the CERCLA defenses as well as pitfalls that will result in failure to establish
I interviewed Rob Snyder of the Fedeli Group. (click link to Rob’s contact information) Rob has more than 20 years of experience as a broker of environmental insurance. He has obtained everything from standard pollution liability insurance to brownfield insurance on highly complex cleanups. He has familiarity with all of the major carriers that
The Attorney General’s Office completed its review of compliance with job commitments the state received in exchange for various incentives. Here is the summary of its findings:
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