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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

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

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

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W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more

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

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

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