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
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
Delay in Clean Ohio Funding Doesn’t Appear Connected to JobsOhio Lawsuit
The Kasich Administration has decided that it wants to put the legal challenges to JobsOhio to rest once and for all. Through legal maneuvering the Administration has put the ultimate question- is JobsOhio constitutional- before the Ohio Supreme Court. At issue is whether transfer of liquor profits to JobsOhio violates the Ohio Constitutional prohibition on
City Officials and Developers From Around the State Express Concerns Regarding Changes in Ohio’s Brownfield Funding
The picture is still very murky with regard to what brownfield funding will look like in Ohio. The program is being transferred from the Ohio Department of Development to JobsOhio. The Kasich Administration has stated it believes the program needs to be overhauled. (Click here for prior post regarding transfer to JobsOhio)
JobsOhio $1.4 Billion Dollar Deal Includes Sketchy Details on the Future of Clean Ohio
Details were released this week by the Kasich Administration on the establishment of its privatized economic development agency known as JobsOhio. Many of the traditional job creation duties that fell to the Ohio Department of Development will be shifted to JobsOhio.
Along with the restructuring of development duties, the Administration is shifting the State’s liquor
Kasich Administration Looking to Replace Brownfield Funding
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The Clean Ohio Council awarded half the available funds for brownfield redevelopment for fiscal year 2012 two weeks ago. As discussed in prior posts, available funding is running out in the next few months.
The future of State brownfield funding became uncertain when the Kasich Administration shifted funding from the state’s liquor profits to JobsOhio.
Loans Versus Grants to Spur Brownfield Redevelopment
Current Debate Regarding the Future of the Clean Ohio Program
The Kasich Administration has announced that it is re-evaluating the Clean Ohio program. The next round of the Clean Ohio Revitalization Program (Round 12) will be the last. Also, funding under the Clean Ohio Assistance Fund, which pays for sampling on brownfield properties, is likely to
Miceli Dairy Project Highlights the Benefits of the Clean Ohio Program
Last Friday, I attended the Clean Ohio Council meeting with my client Miceli Dairy Products, Inc. (Miceli Dairy). I had worked with Miceli Dairy over the last couple years on evaluating five parcels of property adjacent to their current facility on which the Dairy would like to expand its operations.
The Dairy submitted an application
Underground Tanks and Hazardous Waste Units Can Be Big Impediments to Ohio Brownfield Redevelopment
In working on brownfield redevelopment projects, I find that addressing old underground storage tanks (USTs) or hazardous waste (RCRA) units can be one of the trickiest issues to address.
Why are these two issues tricky? Because they complicate the clean up process under Ohio’s Voluntary Action Program (VAP).
Due to the flexibility under the