Energy & Environmental Law Blog

Energy & Environmental Law Blog

VORYS Helping Clients With Their Energy and Environmental Needs

Tag Archives: Brownfields

Ohio H.B. 168 Creates Superfund-like Protections for Qualifying Purchasers of Brownfield Properties

Posted in Environment
The Ohio House of Representatives recently passed a bill (H.B. 168) that provides “bona fide prospective purchasers” (BFPPs) of brownfield properties with an affirmative defense against state lawsuits seeking to impose liability for the cleanup of such properties. To qualify for the liability protection as a BFPP under H.B. 168, a landowner must satisfy the… Continue Reading

U.S. EPA Amends All Appropriate Inquiries Rule

Posted in Environment
On October 6, 2014, U.S. EPA published a final rule amending the All Appropriate Inquiries Rule, 40 CFR Part 312, to remove the reference to ASTM International’s E1527-05 standard for Phase I Environmental Site Assessments. The E1527-05 standard was replaced with the E1527-13 standard by ASTM in November 2013 and, on December 30, 2013, U.S. EPA… Continue Reading

Ohio EPA Completes Soil Background Report for Lucas County

Posted in Environment
Ohio EPA released a final report summarizing the agency’s investigation and statistical evaluations that were performed to determine the representative background concentrations of certain metals in surface soils in Lucas County.  This information may be used as a reference for properties in Lucas County and the Toledo area that are being assessed and remediated under the Ohio Voluntary Action Program. The… Continue Reading

U.S. EPA Final Rule Approves Use of New ASTM Standard for Phase I Environmental Assessments

Posted in Environment
On December 30, 2013, U.S. EPA published a final rule approving the use of ASTM International’s recently updated standard for conducting Phase I Environmental Site Assessments (ASTM E1527-13). The final rule amends the “All Appropriate Inquiries Rule” at 40 CFR Part 312, by establishing that parties seeking liability relief under CERCLA’s landowner liability protections can satisfy… Continue Reading

EPA to Withdraw Recent “All Appropriate Inquiries” Direct Final Rule

Posted in Environment
This blog entry provides an important update to our August 19, 2013 entry reporting on U.S. EPA’s Direct Final Rule to amend the All Appropriate Inquiries Rule.  After receiving adverse comment, EPA has reported that it will withdraw its Direct Final Rule that would have approved the use of ASTM International’s new E1527-13 “Standard Practice… Continue Reading

Clean Ohio Funding Update

Posted in Environment
The Clean Ohio Assistance Fund (COAF) has announced that it is no longer accepting applications for grant funding (under $300K).  The Clean Ohio Revitalization Fund (CORF) has enough funds for one more round (due January 20th) for a shot at the remaining $20 million (grant amounts up to $3M). The challenge for Ohio’s elected leadership will be… Continue Reading

Waterfront Brownfields Grant Program Legislation

Posted in Environment
On July 31, 2009, Representative Louise Slaughter introduced legislation to amend CERCLA and create a grant program to assist with the investigation and remediation of waterfront brownfield sites. Under the proposal, eligible entities could receive up to $500,000 to assist with the design and implementation of water quality improvements, low impact development approaches, green infrastructure,… Continue Reading