LexisNexis® Legal Newsroom
Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case

By Lawrence Schnapf, Principal, Schnapf LLC We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the motion for summary judgment filed by the Nevada Department...

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment

By Lawrence Schnapf, Principal, Schnapf LLC The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray , 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) , is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion...

California State Water Board’s Low-Threat UST Case Closure Policy Is Now Effective

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP On May 1, 2012, the California State Water Resources Control Board (SWRCB) adopted via Resolution No. 2012-0016 the Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure (Low-Threat Closure...

Why the Fuss About Vapor Intrusion When We Have Such a Radon Gas Problem?

By Lawrence Schnapf, Principal, Schnapf LLC Ten years ago this month EPA issued is draft Vapor Intrusion Guidance that altered the approach to site remediation. The guidance was issued following a couple of high profile sites where relatively low concentrations of volatile organic compounds in...

No Unanimity As To What New ASTM E1527-13 Standard Requires

Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that the new standard requires that, “if the subject property has soil...

U.S. EPA Hits Pause On CERCLA Vapor Intrusion Regulations

U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System ("HRS") rule that would have allowed regulators to list a site on the National Priorities List ("NPL") solely on the basis of the risks posed by vapor intrusion. The withdrawal occurred after the proposed rule had...