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Environmental Policies Environmental Protection Agency (EPA) Vapor Intrusion

Environmental General Counsel PC

California Draft Vapor Intrusion Guidance Now Final

On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more

Greenberg Glusker LLP

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

Greenberg Glusker LLP on

Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more

Morgan Lewis

EPA May Ignore Mitigation System and Use of Industrial Facility in National Priorities Listing

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Deferring to the US Environmental Protection Agency, the US Court of Appeals for the DC Circuit rejected a challenge to the first-ever listing of a site on the Superfund National Priorities List under recent regulatory...more

Environmental General Counsel PC

New Vapor Intrusion Requirements in California Increasing Costs and Liabilities

By Catherine W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more

Environmental General Counsel PC

California Vapor Intrusion Guidance Promises More Consistency

In February, the California Department of Toxic Substances Control, or DTSC, the State Water Resources Control Board, or SWRCB, and the San Francisco Bay Regional Water Quality Control Board released a much-anticipated draft...more

Manatt, Phelps & Phillips, LLP

Proposed Controversial California Vapor Intrusion Guidance Threatens to Hinder Redevelopment

After years in the making behind closed doors, on February 14, 2020, the California Department of Toxic Substances Control (DTSC), the San Francisco Bay Regional Water Quality Control Board and the California State Water...more

Environmental General Counsel PC

Public Comments on California’s New Vapor Draft Intrusion Guidance: What Next?

Public comments on California’s Draft Supplemental Vapor Intrusion Guidance (“DSVIG”) were due to Cal-EPA by June 1, 2020. So far, comments submitted indicate several California businesses and industries are concerned about...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

Holland & Knight LLP

Environmental Screening Levels Ratchet Down: Implications for Regional Land Development - Corner Briefing: January 2019

Holland & Knight LLP on

This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...more

Robinson+Cole Manufacturing Law Blog

EPA Lists First Sites to NPL for Vapor Intrusion

Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. ...more

Pierce Atwood LLP

Maine Modifies Vapor Intrusion Guidance

Pierce Atwood LLP on

Addressing a hot topic, the Maine Department of Environmental Protection (DEP) just issued “Supplemental Guidance for Vapor Intrusion (VI) of Chlorinated Solvents and other Persistent Chemicals” superseding guidance issued in...more

Partridge Snow & Hahn LLP

New Standard for Environmental Assessments Gaining Traction

The American Society for Testing and Materials ("ASTM") standard for Environmental Assessments was revised in 2013 for the first time since 2005. The Department of Housing and Urban Development has now adopted the updated...more

McCarter & English, LLP

AAI Rules Amended Under CERCLA – Focus on Vapor and Records Review

Effective December 30, 2013, the EPA acted to amend the standards and practices for conducting all appropriate inquiries (“AAI”) to embrace an update to ASTM International standards, and to expressly bring vapor issues to the...more

Pillsbury Winthrop Shaw Pittman LLP

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

Pullman & Comley, LLC

Vapor Intrusion “Guidance” – What Now?

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"The Fog comes in on little cat feet," according to Carl Sandburg, but the U.S. Environmental Protection Agency tells us that vapors come in through cracks in basements, utility lines, and the like — considerably less poetic...more

Snell & Wilmer

Environmental Due Diligence Standards: Present and Future

Snell & Wilmer on

The first half of 2013 has experienced greater economic activity than in recent years. The housing market appears to be recovering, albeit slowly. More lending and transactional activity is occurring at the commercial level....more

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