The Struggle To Contain Short-Term Vapor Exposure Claims

Law360, New York (July 3, 2014, 10:45 AM EDT) -- Increasingly, vapor intrusion is considered in groundwater investigations, remedy selection, periodic reviews of the continued safety of already implemented groundwater remedies, environmental due diligence, and property and personal injury litigation. These evaluations and re-evaluations are driven by new, more explicit, guidance documents and regulations promulgated by the U.S. Environmental Protection Agency and state regulators, voluntary industry standards (e.g., the ASTM International's E1527-13, Standard Practice for Phase I Environmental Assessments (Dec. 30, 2013)), the EPA's adoption of a novel, more stringent non-cancer toxicity factor for trichloroethylene ("TCE") in 2011 and the concerns of local residents....

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