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Strategizing Legal Defenses In Vapor Intrusion Lawsuits

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by Robert N. Berg
Mealey's Pollution Liability Report
January 2015

Robert Berg's article, "Strategizing Legal Defenses in Vapor Intrusion Lawsuits," was published in the January 2015 issue of Mealey's Pollution Liability Report.

From the article...

"A few years ago, there was an uptick in litigation involving mold infestation and damage claims related to the use of Chinese drywall. Today, the environmental phenomenon causing a rash of lawsuits is vapor intrusion. Vapor intrusion happens when soil and groundwater that contain pollutants permeate buildings. This generally occurs when properties are located down gradient from old gas stations (that emit benzene) or from dry cleaners (that emit PCE). The contaminants and toxic fumes rise up, affecting neighboring properties. This article will address some basic defense strategies in response to the increasing volume of these kinds of cases."