Some of the more interesting CERCLA cases involve lawsuits between current and former property owners. Usually, the current owner assumes it qualifies as bona fide prospective purchaser (BFPP) or for the Innocent Landowner (ILO) Defense and sues the defendant/former owner for cost recovery. The defendant/former owner invariably files counterclaims alleging the current owner/plaintiff is not […]
In February 2024, the New York State Department of Health (NYSDOH) updated the decision matrices to its “Guidance for Evaluating Soil Vapor Intrusion in the State of New York” (” VI Guidance) to include 13 volatile petroleum compounds . Previously, the NYSDOH decision matrices only assessed potential human health risks for contaminated vapors associated with
NYSDOH Revises Vapor Intrusion Guidance to Add Volatile Petroleum Compounds Read More »
A statute of limitation (SOL) establishes the maximum time period for filing certain civil and criminal actions. The purpose of an SOL is to allow legal claims to be resolved within a reasonable amount of time while at the same time preventing fraudulent and stale claims after evidence has been lost or after the facts
NY Ct Says Contaminants Below MCL May Trigger SOL Read More »
A California state court dismissed a negligence claim brought against an environmental consultant by residents of the infamous Ujima Village low income housing complex for failing to identify health risks associated with a former oil storage facility. The 300-unit Ujima Village complex had been constructed on a portion of the former 122-acre Athens Tank Farm
Consultant Not Liable to Residents of Housing Complex For Not Identifying Vapor Risks Read More »