We assist owners, purchasers, lenders, and municipalities with environmental challenges associated with unused, underutilized, or abandoned former industrial sites, commonly called brownfields. We assist clients in evaluating legal risks associated with ownership or security interests in such sites. We are familiar with the growing field of regulatory programs providing incentives to clean up and reuse brownfield sites, and alert clients to potential insurance products and other tools that may temper the risk of acquiring or financing such properties.
We also guide clients through the eligibility requirements for a governmental “covenant not to sue” under Ohio EPA’s Voluntary Action Program. In one project, Jack Van Kley guided a major metropolitan museum through this process during the construction of the museum on an inner city tract. In 2004, Chris Walker provided legal support to an urban brownfield cleanup and reuse project that earned the first such covenant not to sue under the “Memorandum of Agreement Track” of the Ohio VAP.
Related Practice Areas:
|
