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.

Ohio’s Voluntary Action Program can allow private parties to restore the economic viability of such properties by addressing environmental issues, alleviating erroneous or exaggerated misperceptions about the environmental condition of properties and satisfying prospective purchasers or lenders. The Voluntary Action Program is an Ohio law that allows property cleanup and remediation to be determined through the use of Urban Setting Designations and other options that more realistically consider the ultimate use of—and the actual risk of exposure to contaminants that may be held safely in the ground below—the property at issue. Through the Voluntary Action Program, governmental financial assistance can ease the burden of addressing environmental issues.

Brouse McDowell is 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 the success of revitalization. Sustainable development requires effective collaboration among business leaders, government forces and grassroots organizations. Brouse McDowell brings insight, creativity, strategic thinking, key information and networking among professionals to our clients’ development projects.

The lawyers in Brouse McDowell’s environmental and real estate practice groups have extensive experience working with developers, property owners, lending institutions and planning and development agencies. As well, Brouse McDowell’s lawyers are experienced in helping clients successfully redevelop and recycle urban property through access to and implementation of state and local brownfields initiative programs, coupled with knowledge of alternative financial incentives.