If you litigated and/or settled a federal or state Superfund action in recent years, and thought you were done, you may need to think again. Vapor Intrusion is an increasingly hot topic among federal, state and local environmental regulators and presents a moving target for property owners, developers, lenders, and others trying to gain certainty with their past, present, and future environmental liabilities.
Vapor intrusion, or VI, is the migration of volatile chemicals in a gaseous state from the subsurface into overlying or adjacent buildings. Improvements in analytical techniques and corresponding knowledge about VI risks have been gaining momentum all over the country for many years, which has resulted in an overlapping, contradictory, and confusing web of guidelines, with no uniform governing regulations. Adding to this uncertainty is the fact that federal and state courts are now just beginning to address what is sure to grow into a major risk management and regulatory issue in the coming years.
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