New Ohio law provides long term liability protection for developers when re-openers arise.
Effective September 15, 2020, Ohio will join the list of states that have incorporated the federal “Bona Fide Prospective Purchaser” (“BFPP”) defense to hazardous substance liability into state law, through the enactment of House Bill 168.[1] Although Ohio has previously offered a shield to state-level liability through its Voluntary Action Program, that mechanism requires issuance of a covenant not to sue by the Ohio Environmental Protection Agency.[2] The new statutory BFPP defense will offer property purchasers the advantage of being “self-implementing,” requiring no affirmative government approval to take effect.
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Posted September 21, 2020
