Over the weekend, there was a good blog post on Schnapf LLC Blog discussing which Phase I standard lawyers and consultants should use for at least the rest of 2013. Due to an unanticipated reversal by U.S. EPA, there is a gap right now between the current ASTM standard and EPA’s recognized standard for Phase
JobsOhio Discusses New Brownfield Incentive Program
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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
U.S. EPA Alters Plan on New ASTM Standard for Due Diligence
As discussed in a prior post, U.S. EPA had issued a direct final rule approving the use of the new ASTM Standard E 1527-13 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." The final rule was set to take effect on November 13, 2013.
If the rule had gone into
With the last $15 million of Clean Ohio Spent…What is next?
This past spring, the Kasich Administration put another $15 million in grant funding into the Clean Ohio program. (See prior post). While a public announcement has yet to be made regarding grant awards for the remaining $15 million, it is my understanding that the money is allocated. Announcements may be made next week at
Are All Phase I’s the Same?
The title of this blog post may make many in the environmental consulting and legal business laugh. "Of course not…" most would certainly reply. With Phase I’s governed by two ASTM guidance documents and the EPA "All Appropriate Inquiries" Rule (AAI), how can there be such variations?
The answer is that a Phase I environmental
Quick Primer on Voluntary Action Program (VAP) Cleanups
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
U.S. EPA Endorses New Phase I Standard
ASTM 1527-05 was the first ASTM standard recognized by U.S. EPA as meeting the requirements of the "All Important Inquiries Rule." (AAI) AAI sets forth the standards and practices necessary for fulfilling the requirements to obtain liability protection (i.e. bona fide purchaser defense) under CERCLA section 101(35)(B). Most Phase I proposals reference 1527-05.
Buyer Beware: Five Environmental Due Diligence Tips for Purchasers
Performing appropriate environmental due diligence prior to acquisition of any industrial or commercial property is a necessity. Due to expansive liability under environmental statutes, most notably CERCLA (i.e. Superfund), a purchaser of contaminated property can be held liable for all cleanup costs regardless of whether the purchaser caused the contamination or knew it was present.
A Revised ASTM Standard for Due Diligence to Be Issued
A task force assigned to review the ASTM standard for Phase I environmental assessments has completed its review of the current standard. It has sent its recommendations to U.S. EPA who is expected to accept the recommendations.
Any revisions to the ASTM standard for Phase I has big implications. Phase I reports are a requirement of the
Tenants Can Now More Easily Qualify for Protection from Liability for Pre-Existing Contamination
Often times businesses only worry about performing due diligence (Phase Is and Phase IIs) when they are purchasing a building, factory or land. In my experience, many tenants never think about the fact that they could inherit liability for pre-existing contamination just by leasing property. However, tenants, particularly those that are leasing industrial space, should