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Contaminated Properties Environmental Protection Agency (EPA) Vapor Intrusion

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

“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

Morgan Lewis on

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W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more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

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

Foley Hoag LLP - Environmental Law

Injunctions In RCRA Citizen Suits — Broad, But Not Infinite

Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls. Contamination was detected at the Johnson Controls...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

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

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

Superfund/CERCLA National Priority List: Blog Post Notes Addition of Two Sites (Mississippi/Texas) Based Solely on Vapor Intrusion...

The United States Environmental Protection Agency (“EPA”) added five sites to the Comprehensive Environmental Response Compensation and Liability Act (“Superfund”) National Priority List (“NPL”). See 83 Fed. Reg. 46408. ...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

Beveridge & Diamond PC

For the First Time, EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor Intrusion

Beveridge & Diamond PC on

EPA has proposed to add the Rockwell International Wheel & Trim Site in Grenada, Mississippi to the National Priorities List, the first site added based solely on the risk to human health from vapor intrusion from subsurface...more

Beveridge & Diamond PC

For the First Time, U.S. EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor...

The National Priorities List is designed to identify the contaminated sites that pose the highest risk to human health or the environment so that U.S. EPA can focus its efforts on these sites. For the first time, on January...more

Arnall Golden Gregory LLP

EPA Proposes Adding a Property to the Superfund List Based Solely on Vapor Intrusion

For the first time, EPA has proposed to add a property to the National Priorities List (“NPL”), otherwise known as the Superfund list, based solely on the risk of vapor intrusion. The NPL contains the worst contaminated,...more

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Seyfarth Shaw LLP

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Williams Mullen

Williams Mullen Construction Industry Newsletter - Spring 2016

Williams Mullen on

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

Troutman Pepper

When May a Previously Approved Site Closure Not Provide Closure - Reopening Vapor Intrusion Sites

Troutman Pepper on

We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow. Massachusetts is the latest state to reevaluate...more

Williams Mullen

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

Williams Mullen on

The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

Foley Hoag LLP - Environmental Law

EPA Proposes to Add Vapor Intrusion Pathway Assessment to Superfund Listing System

Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion. The...more

Miles & Stockbridge P.C.

Intruder Alert – EPA Issues Final Technical Guidance on Vapor Intrusion

This summer, EPA issued two, long-awaited final technical guides for assessing and mitigating the intrusion of hazardous vapors from subsurface contamination into overlying buildings. EPA’s issuance of these technical guides...more

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

King & Spalding

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

King & Spalding on

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more

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