What Developers Must Know About New Ohio Brownfield Law

Date: August 26, 2020

Publication: Law360

Thompson Hine’s Heather Richardson, Patrick Abell and Robyn Smyers' article “What Developers Must Know About New Ohio Brownfield Law,” was featured in Law360.

On June 16, Ohio Gov. Mike DeWine signed Ohio H.B. 168, which provides purchasers of brownfield properties who meet certain criteria outlined in the bill with bona fide prospective purchaser defenses, similar to what is already available at the federal level and in many other states.

The bill, which goes into effect on Sept.14, is intended to encourage the development of Ohio real property that may have a checkered environmental history. The following is an analysis of H.B. 168's impact on Ohio brownfield development, the provisions that give property owners more protection from state-level environmental liability and the elements of the affirmative defense created by H.B. 168.

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