The New York State Department of Health (NYSDOH) recently reduced its air guideline value for PCE from 100 to 30 micrograms per cubic meter of air (30 mcg/m3). Three other ways of expressing the new guideline are 0.03 milligrams per cubic meter of air (0.03 mg/m3), 4.4 parts per billion (ppb) or 0.0044 parts per […]
NYDOH Lowers PCE Recommended Action Level For Vapor Intrusion Read More »
Some time ago, we discussed the $14MM lawsuit filed by Lowe’s Home Centers against a consultant. Lowe’s alleged that the consultant failed to identify all areas that had been contaminated with PCBs and the store opening was delayed because of complications associated with the previously unknown PCB-contaminated soil was improperly disposed. The matter eventually settled Another
Ct Allows Claim Agst Consultant For Missing Contamination at Lowe’s Site To Proceed Read More »
In the latest installment of the saga involving the infamous Ujima Village Apartment complex that was abandoned because of vapor intrusion from a former petroleum storage facility, a California appeals court ruled in Doris Alexander v. ExxonMobil, 2013 Cal. App. LEXIS 768 (Ct. App.-2nd Dist. 9/24/13) that a trial court improperly dismissed a group of
Cal Appeals Ct Revives VI Toxic Tort Case Read More »
Commercial property owners and asset multi-family buildings usually retain property managers firms to handle the daily operations of properties ranging from leasing, record-keeping, routine maintenance and emergency repairs. We previously discussed on how the importance of property managers understanding environmental issues, particularly the nuances of the requirements heating oil tanks for multi-family buildings. A recent New
NJ Shopping Center Owner Waits Too Long to Bring Spill Act Claim Read More »
Many environmental lawyers, consultants and professional organizations were deeply disappointed when EPA bowed to pressure from other government agencies and severely weakened the definition of Environmental Professional (EP) in its “All Appropriate Inquires” (AAI) rule that was published on November 1, 2005. The EP definition in the proposed AAI rule included minimum levels of education
Time to Revisit AAI EP Definition? Read More »
The Office of the Comptroller of the Currency (OCC) has been updating its Comptroller’s Handbook to reflect changes to supervisory policy as well as to implement the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010. The Comptroller’s Handbook is a collection of booklets divided into five handbook series that contain OCC procedures for
More Prominent Role for Environmental Risk Management in Revised OCC Handbook Read More »
You may have seen newsletters by some law firms suggesting that the revised ASTM E1527-13 will REQUIRE evaluation of vapor intrusion as part of a phase 1. These statements are simply incorrect. Since vapor intrusion became a concern a decade or so ago, there has been much confusion in the environmental consultant community if vapor
Confusion On Role of VI in New ASTM E1527-13 Standard Read More »
EPA has published a notice in the federal register proposing that the E1527-13 will satisfy the All Appropriate Inquiries. EPA believes (mistakenly in our opinion) the proposed action is non-controversial. However, just in case the agency published a final direct rule and a proposed rule . If EPA does not receive adverse comments by September
EPA Proposes to Approve E1527-13 As AAI Read More »
We have previously discussed the series of district court rulings in Voggenthaler v Maryland Square LLC where homeowners and the Nevada Department of Environmental Protection (NDEP) sued past and former owners of a shopping center and operators of a former dry cleaner because of a mile-long groundwater plume resulting from PCE spills from the dry cleaner
Southern Wine & Spirits of New York vs. Impact Environmental Consultants, 2013 N.Y. App. Div. LEXIS 2081(App. Div.-1st Dept 3/28/13) involves a common source of contamination in Long Island and other suburban areas of New York City-dry wells and septic systems. The parties have yet to begin discovery but based on the motion papers filed