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
Superfund Reform- What Can We Expect?
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While the Trump Administrations primary environmental agenda has been focused on deregulation, one area EPA Administrator Scott Pruitt has prioritized is Superfund (i.e. CERCLA). Superfund is meant to investigate and cleanup the dirtiest sites in the country. However, its long and complicated investigation, remedy selection and cleanup implementation processes have slowed cleanups to a crawl.
Ohio EPA’s New Guidance Raises Stakes on Vapor Intrusion
On August 24th, Ohio EPA released new guidance that incorporates an unprecedented approach to vapor intrusion. Under the new guidance, Recommendations Regarding Response Action Levels and Timeframes for Common Contaminants of Concern at Vapor Intrusion Sites in Ohio, the Agency is for the first time demanding immediate action when contaminant levels exceed certain established
Expect Dramatic Increases in Federal Civil Penalties for Environmental Violations
On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. The law required all federal agencies to increase civil penalties with inflation. While there were previous requirements to increase civil penalties, the new law provides for more dramatic increases attributable to the following changes:
- Requires
Rethinking Brownfield Redevelopment in Ohio: Part 4 of 4
This is the final post discussing the current state of brownfield redevelopment in Ohio. It provides suggested changes to the regulations and incentives in Ohio to accelerate brownfield redevelopment. The prior posts in this series discussed the following:
- The Issues Presented by Brownfields- In particular the impact to Urban Centers
- The Current State of Brownfield