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Practices

Site Remediation and Brownfield Development

Past manufacturing or other operations at properties can leave lingering concerns about contamination or other environmental impacts at those and adjoining properties. Whether such environmental concerns are legitimate or merely the result of community perception or unsubstantiated rumor, the detrimental effect on the value and use of the property is real.

We have worked successfully with clients to utilize the Ohio Voluntary Action Program to efficiently resolve site-specific environmental issues and enable clients to meet their business goals.

Brouse attorneys have vast experience in using the Voluntary Action Program to successfully work with businesses and banks throughout Ohio in developing and implementing a strategic approach directed at resolving site-specific environmental issues to preserve or restore the liquidity of the businesses and their properties.

Brownfields are not the only environmental problems that impact real estate development. On a regional and even state-wide level, economics, coupled with environmental protection, is critical to revitalization. We advise our clients to assist in sustainable development, which requires effective collaboration among business leaders, government forces and grassroots organizations. Brouse McDowell brings insight, ingenuity, strategic thinking, key information and networking among professionals to our clients’ development projects.

Representative Matters:

  • On behalf of major oil company, negotiated Ohio EPA findings and orders for remedial investigation and remedial action in connection with area-wide TCE contamination impacting municipal water wells in Southeast Ohio
  • Represented seller of industrial property in connection with VAP project
  • Represented developer of major medical facility in connection with VAP project
  • Ferriot Corp. v. Ashland Inc.  On behalf of plaintiff plastics manufacturing company that had been impeded in expanding its facility as a result of underground contamination from neighboring property, obtained favorable resolution through mediation that resulted in full market value sale of property, temporary rent-free lease back, and damages, enabling client to relocate and rebuild to expand its business
  • Tabco, LLC. v. Inland Corporation On behalf of pipeline company, successfully resolved litigation regarding development of property subject to ongoing remediation of a petroleum pipeline release
  • As special counsel to the Ohio Department of Transportation, successfully defended, in state court and on appeal, claims asserted pursuant to the Ohio Voluntary Action Program to recover costs alleged to have been incurred as a result of TCE groundwater contamination
  • On behalf of rubber manufacturing company, successfully defended case brought pursuant to CERLCA involving scrap rubber dumping, resulting in establishment of trust for the removal and proper disposal of scrap rubber, with funds contributed by plaintiff property owner and transporter