Vapor Intrusion Liability and Litigation Under Evolving Standards

May 5, 2010
Strafford Publications, Inc.
Webinar/Teleconference

1 p.m. - 2:30 p.m.

This CLE webinar will prepare counsel in real estate transactions for the legal risks of vapor intrusion by examining the key issues, recent legal developments, and approaches by federal and key state regulators. The panel will offer best practices for evaluating and addressing VI in real estate transactions.

Federal and state regulators are focusing on vapor intrusion (VI) contamination in property, but the EPA and states lack a consistent approach to assessing VI risk or management. Even contaminated, previously closed sites are not exempt from renewed scrutiny.

The EPA Inspector General's Dec. 2009 report notes that the EPA's failure to update and finalize its 2002 draft guidance has created uncertainty for property owners. The EPA has now committed to a timetable to address four key recommendations.

ASTM Int'l also determined that its 2008 screening standard for assessing VI in real estate transactions was a misstep and plans to fundamentally change its approach and replace standard E 2600-8 this year. Counsel to property owners must stay ahead of these evolving standards to manage the risks.

Listen as our authoritative panel of environmental attorneys discusses lessons learned thus far on vapor intrusion issues, examines new legal developments, trends and approaches by regulators (federal and certain key states), reviews recent developments in the areas of liability and litigation, and addresses how VI can be evaluated and addressed in transactions, including discussion of the ASTM developments.

Faculty:

Christopher M. Roe, Partner, Fox Rothschild
Edward L. Strohbehn Jr., Partner, Bingham McCutchen LLP
Matthew Traister, Senior Managing Engineer, O'Brien & Gere

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