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
Federal, Ohio, and State Developments on PFAS Regulation
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
EPA Announces Plan to Regulate PFASs
IRS Will Soon Decide Fate of Brownfields in Opportunity Zones
On February 14, 2019, the IRS will hold a public hearing on its regulations governing Qualified Opportunity Zones. The public comment period closed on December 28, 2018. The IRS is expected to finalize regulations soon after the public hearing.
One of the most notable comments received during the public comment period on the IRS regulations
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
Has Ohio Undermined Its Voluntary Cleanup Program?
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As discussed in my prior post, in September Ohio EPA announced that it would be sending “hundreds of letters” to property owners that have trichloroethylene (TCE) contamination, including property owners that cleaned up their property under the Voluntary Action Program (VAP). At the September meeting of VAP professionals the Agency announced that it could take