Defense Strategies For Vapor Intrusion Toxic Torts

Law360, New York (May 16, 2014, 1:24 PM EDT) -- A great deal has been written about vapor intrusion issues lately. By and large, articles addressing vapor intrusion have focused on recent standards published or to be published by either regulatory agencies or ASTM. Many of those articles focus on the scientific basis for vapor intrusion, techniques to study it, or the necessity of evaluating it in the context of due diligence. This is not one of those articles. Rather, this article focuses on a relatively recent phenomenon of toxic tort lawsuits being brought against corporations and developers based, in whole or in part, on the existence of vapor intrusion issues affecting properties....

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