Vapor Intrusion Could Be Next Big Toxic Tort

Law360, New York (September 24, 2008, 12:00 AM EDT) -- As environmental regulators reevaluate the risks of toxic vapors once thought to be safely buried beneath the soil, plaintiffs' lawyers are eyeing the tort possibilities. But challenges to proving causation could turn this would-be tort wave into a mere splash, environmental attorneys said.

Chemical vapors buried more than 15 feet beneath the surface of a contaminated site were once considered harmless, but state and federal regulators have started to revisit remediated waste sites to test for vapor intrusion after discovering that the vapors can, and do,...
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