“You just raised one of my worst nightmare scenarios!”
Tort claims based on allegations of vapor intrusion are very likely to become a standard part of lawsuits alleging personal injury and property damage in situations in which groundwater and/or soil contains VOCs. Because of the sheer number of sites that contain residual VOCs, the extremely conservative screening levels for assessing the potential for vapor intrusion, and the relatively undeveloped science regarding the health effects of exposure to VOCs through inhalation of vapors, developers, corporate risk managers and their counsel are well advised to look carefully at this issue.
In this article, Shareholder and ABA SEER Chair Steven T. Miano looks at the recent rise of toxic tort lawsuits being brought against corporations and developers based on the existence of vapor intrusion issue, and how corporations and developers can protect themselves.
This article was originally published on Law360.com.
