News & Analysis as of

Vapor Intrusion Guidance

Environmental General Counsel PC

Evolving Standards for Due Diligence and Vapor Intrusion: Consider State Guidance and Policy

As regulation of vapor intrusion continues to evolve and escalate costs at contaminated sites, due diligence practices for vapor intrusion must also continue to evolve. Potential purchasers should consider supplementing a...more

Williams Mullen

North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation

Williams Mullen on

The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and mitigation of vapor intrusion (VI) at properties undergoing reuse and redevelopment (Draft...more

Williams Mullen

Environmental Notes - July 2023

Williams Mullen on

North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more

Morgan Lewis

California Finalizes Draft Supplemental Guidance on Vapor Intrusion Screening and Evaluation

Morgan Lewis on

The California Department of Toxic Substances Control (DTSC), State Water Resources Control Board, and San Francisco Bay Regional Water Quality Control Board (collectively, CalEPA VI Workgroup) published their final draft...more

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

[Webinar] Key CA Environmental Regulatory Developments that May Impact Your Real Estate Assets or Investment Opportunities -...

Greenberg Glusker LLP on

This presentation will focus on revised vapor intrusion guidelines and the proposed listing USEPA of PFAS (forever chemicals) as a CERCLA hazardous substance....more

Greenberg Glusker LLP

Here at Last! DTSC’s 2022 Vapor Intrusion Advisory

Greenberg Glusker LLP on

Last month, the California Department of Toxic Substances Control (“DTSC”) issued its long-awaited “Vapor Intrusion Update” (“Advisory”) which is intended to guide the selection of attenuation factors (“AFs”) at contaminated...more

Alston & Bird

California Poised to Make Infill Development Harder and More Costly – Again: A Look at the Past and Future of Vapor Intrusion...

Alston & Bird on

CalEPA’s supplemental guidance on vapor intrusion offers instruction but also creates questions. Our Environment, Land Use & Natural Resources Group looks back and looks forward at what the impending changes might mean for...more

Environmental General Counsel PC

Getting Tough on Vapor Intrusion: Enforcement for Failure to Mitigate

As concerns have escalated about vapor intrusion, regulatory agencies are not only taking more conservative approaches to risk – they may also be more likely to take enforcement action where there is delay or non-compliance...more

Environmental General Counsel PC

Vapor Intrusion: Closing the Gaps in Due Diligence

Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...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

Greenberg Glusker LLP

Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update

Greenberg Glusker LLP on

Technical consultants Elie Haddad and Jennifer Boyer (Haley & Aldrich, Inc. - San Jose, CA) team up with environmental attorneys Brian Moskal and Sherry Jackman (Greenberg Glusker LLP - Los Angeles, CA) to discuss and explore...more

Environmental General Counsel PC

Proposition 65 Warnings for Contaminated Properties and Vapor Intrusion

While the vast majority of Proposition 65 claims involve consumer products, Proposition 65 also applies to environmental exposures. On July 3, 2020, a Proposition 65 notice of intent to sue was filed against a consulting firm...more

Greenberg Glusker LLP

[Webinar] Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update - July 9th, 2:00 pm - 3:00 pm PDT

Greenberg Glusker LLP on

Technical consultants Elie Haddad and Jennifer Boyer (Haley & Aldrich, Inc. - San Jose, CA) team up with environmental attorneys Brian Moskal and Sherry Jackman (Greenberg Glusker LLP - Los Angeles, CA) to discuss and explore...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

Environmental General Counsel PC

The Current Status of California’s Vapor Intrusion Guidance

By Laurie Berger (May 28, 2020) In February of this year, three California regulatory agencies released the much-anticipated draft guidance for the investigation of vapor intrusion, “Supplemental Guidance: Screening and...more

Greenberg Glusker LLP

California issues draft guidance for vapor intrusion to indoor air

Greenberg Glusker LLP on

California environmental agencies recently issued a draft vapor intrusion guidance document that will significantly impact the investigation and remediation of environmentally impacted properties by owners, operators and...more

Stoel Rives - Environmental Law Blog

DTSC and SWRCB Release Draft Supplemental Vapor Intrusion Guidance

On February 14, 2020, the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) issued a public notice regarding the release of Draft Supplemental Guidance: Screening and...more

Buchalter

CalEPA Draft Vapor Intrusion Guidance Released for Public Comment

Buchalter on

Guidance Increases Uncertainty for Restoring Brownfields - The long-awaited CalEPA guidance for screening and evaluating vapor intrusion has been issued as a draft for public comment. This state-wide guidance, jointly...more

Davis Wright Tremaine LLP

Ecology’s New TCE Guidance: Prompt Action Required for Short-Term Exceedances

On October 1, the Washington State Department of Ecology (Ecology) released new guidance with regards to Trichloroethylene (TCE) vapor intrusion....more

Greenberg Glusker LLP

SF Regional Board attempts to clarify vapor intrusion approach

Greenberg Glusker LLP on

The San Francisco Regional Water Quality Control Board recently issued a fact sheet summarizing changes to its approach to remediating environmental impacts and mitigating vapor intrusion (VI) at properties impacted with...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

Moore & Van Allen PLLC on

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Robinson+Cole Manufacturing Law Blog

The Rise of Vapor Intrusion

We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more

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