The Greater Ohio Policy Center (GOPC) has been calling attention to Ohio’s so-called “legacy cities.”  These are the smaller to mid-sized cities across the state other than Cleveland, Columbus, Cincinnati, Toledo, Akron, Canton and Youngstown.  Cities like Portsmouth, Mansfield, and Lorain. A recent Dispatch editorial called attention to GOPC’s efforts regarding Ohio’s legacy cities citing to a recent GOPC report.  Once fact highlighted in the report shows that, despite the nation’s booming economy, legacy cities…

On Friday, the Legislative Service Commission hosted a seminar discussing Ohio’s efforts to solve harmful algae blooms in its waterways including Lake Erie.  The seminar brought together researchers, government officials and business groups to discuss the science and solutions for addressing algae blooms. The biggest takeaways from the seminar is that Ohio has a  very good understanding of the causes of harmful algae blooms.  Here is a quick summary of the causes of the large…

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 cleanup? Could I be risking being liable to neighboring property owners if contamination is migrating off-property? I don’t like spending…

The Trump Administration has made it a priority to shift more responsibility to the states on enforcement.  On July 11, 2019, U.S. EPA released a memorandum to the Regional Administrators regarding federal and state enforcement.   The latest policy memorandum was a collaboration between U.S. EPA and State EPA Administrators.  The memorandum includes: Best Practices for Coordination between U.S. EPA and the states on enforcement; and Emphasizes the states primary role in performing inspections and taking…

The primary source of grant funding for brownfield redevelopment is the JobsOhio Revitalization Fund.  The program can provide up to $200,000 in grant money to fund Phase II environmental assessment work which is key to positioning brownfield properties for redevelopment.  Many times it is difficult to determine whether a project is viable on a brownfield property because the level of contamination is unknown.  Phase II assessment funds, whether under the old Clean Ohio Fund or…

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 still aspects of the AAI Rule that are open to interpretation.  Therefore, court rulings on applicability of the BFPD can…

In February 2019, U.S. EPA released its action plan to regulate Per- and Polyfluoroalkyl Substances (PFASs).  The two most well-known PFAS chemicals are perfluorooctane sulfonate (PFOS) and perfluorooctonoic acid (PFOA). Consumer products have long used PFASs for things such as non-stick cookware, waterproof carpeting, clothing, and some firefighting foams.  While PFASs made great consumer products, it was later discovered that the chemicals don’t break down in the environment and they have been linked to possible…