"Fake news!" You've probably heard this new term lately. We're living in a time where citizens fear deception. We're also living in a time where the world's climate is changing faster than at any point in the history of modern civilization. To that end: is climate...
Air Pollution – Soil Vapor Intrusion
Tonawanda Coke Corporation Enters into a $12 Million Settlement with DEC and EPA for Alleged Violations of State and Federal Environmental Law
The U.S. Federal Government and the State of New York jointly announced on May 11, 2015 a $12 million settlement with Tonawanda Coke Corporation for a litany of alleged environmental violations at TCC's western New York coke manufacturing facility.The settlement comes...
Soil Vapor Intrusion Concern Prompts EPA to Support Revision to Phase I Environmental Site Assessment Protocol
The health threats posed by physical contact with contaminated soil or groundwater are well known. But increasingly, state and federal regulators are recognizing that harmful vapors from such contamination can be drawn into nearby buildings and pose a threat to the...
Third Department allows a Soil Vapor Intrusion suit to move forward (Part II)
We continue with our recent discussion of the Aiken v. General Electric Co. case, No. 505023, __N.Y.S.2d__ (3d Dep't Dec. 4, 2008), discussed in a recent post. There is not much precedent for the Aiken case, as SVI issues are relatively new to the environmental law...
Third Department allows a Soil Vapor Intrusion suit to move forward (Part I)
An intermediate state appeals court, the Appellate Division of State Supreme Court, Third Department (upstate) recently allowed a suit to go forward against GE for injury caused by soil vapor intrusion (SVI) where the contamination that was the source of the SVI was...
Responsibility for Soil Vapor Intrusion Mitigation
So, who is responsible for mitigating this soil vapor intrusion? The New York State Department of Environmental Conservation (DEC) describes the conditions under which the state will conduct the vapor intrusion evaluations and the order in which the sites will be...
New York State Guidance on Soil Vapor Intrusion
Today we continue our discussion on soil vapor intrusion. Some states like New York have developed detailed vapor intrusion guidance of their own. New York's guidance explicitly raises concerns about reliance on modeling and exterior soil vapor screening and...
Soil Gas Vapor in the Workplace
If worker right-to-know laws are intended to require employers to inform their employees of the specific hazards based on specific chemicals to which their employees are exposed in the workplace, soil gas vapor regulation is intended to fill a significant gap, namely...
Outdoor sources of Indoor Air Contaminants
Pollen, dust, fungi, industrial pollutants, and general vehicle exhaust are common outdoor sources of indoor air pollution. Other sources include exhaust from vehicles on nearby roads or in parking lots or garages, loading docks, odors from dumpsters, unsanitary...