Brownfields/Transactions
Addressing the State Liability Gap in the Federal “Innocent Landowner Defense”
Liability for pre-existing contamination acts as a strong deterrent to re-use of brownfield properties. Prospective purchasers simply do not want to expose themselves to potential liability especially when they had nothing to do with the contamination.
At the federal level, there has been an attempt to address liability exposure in order to provide prospective purchasers some level…
Changes to Clean Ohio Policies Impact Brownfield Projects
The administration of the Clean Ohio program is largely governed by the policies developed by the Clean Ohio Council. Separate policies have been generated for the Clean Ohio Assistance Fund (COAF) and the Clean Ohio Revitalization Fund (CORF).
Over the life of the Clean Ohio program, the Clean Ohio Council has routinely updated the program…
Ohio Brownfield Tax Abatement Law Needs Improvement
I was interviewed for a story on the local NPR station in Cleveland about a Northeast Ohio company that nearly went bankrupt because of confusion over Ohio’s brownfield tax abatement law. The title of the story was "How a Poorly Worded Tax Rule Nearly Bankrupted Ohio’s Oldest Company." Listen to the whole story by clicking…
Basics of Brownfield and Pollution Liability Insurance
Whether you are redeveloping a former manufacturing site or you operate a business on a contaminated site, the liability risks associated with releases of hazardous substances are significant. With the unknowns and surprises associated with environmental clean up the future of your business could be at risk without proper protections. There are a range of…
Federal Tax Incentive For Environmental Clean Ups Provides Advantages Through End of 2009
Any business spending money on an environmental investigation or on clean up at property they own examine closely a federal tax incentive which is set to expire December 31, 2009. The incentive allows environmental clean up costs to be fully deductible in the year they are incurred, rather than having to be capitalized and spread over a…
Land Banks Offer Unique Strategy to Address Brownfields and Abandoned Residential Properties
There has been much discussion regarding the use of Land Banks to assist in addressing the aftermath of the foreclosure crisis. Here is an excerpt from the Cleveland Plain Dealer discussing the County’s recently launched non-profit corporate land bank:
Formally launched by the county in April, the new, nonprofit land bank is the first of
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Clean Ohio: New Conflict of Interest Prohibitions Shape Parties Involvement at Brownfield Redevelopment Projects
On May 18, 2009 the Clean Ohio Council finalized new policies that will govern future rounds of the Clean Ohio Revitalization Fund (CORF). A major change has been incorporated into the policies that will impact developers, consultants and contractors who work on Clean Ohio projects. For the first time the Council has included conflict of…
U.S. Green Building Council Launches LEED v3- Bike Racks v. Brownfields
On Monday I passed the LEED AP exam for New Construction after about a month and half of studying. I can’t tell you how relieved I was when the computer screen at the testing center had the word "PASS" on it. After the U.S. Green Building Council’s (USGBC) launch of LEED v3, I am already known as…
Major Expansion of Areas Eligible for Ohio Brownfield Grant Program
These are great times to investigating potential brownfield projects in Ohio. The State has two pots of money available under its Clean Ohio brownfield program. 1) the Clean Ohio Revitalization Fund (CORF); and 2) the Clean Ohio Assistance Fund (COAF). CORF is a competitive grant process where applications are pooled into rounds and the top projects in…