We have been involved in some of the first vapor intrusion cases in California, going back to the Middlefield-Ellis-Whisman (MEW) site, and continue to advise on cutting edge issues involving vapor intrusion.
We managed one of the state's first evacuation directive in light of the short-term exposure risks believed to be associated with the presence of TCE. Since then, we have worked with both DTSC and a RWQCB on mandatory evacuation of tenants and/or residents. We also advise on routine vapor intrusion investigations, including monitoring requirements, fact sheets, reporting and disclosure requirements, and negotiating third-party access agreements.
We also see vapor intrusion impacting other areas of our practice, including Proposition 65 (both private and public agency requirements) and due diligence.
We are closely tracking the new draft guidance for vapor intrusion investigation and evaluating how these new requirements will affect our clients both as to sites previously closed, about to be closed, or from an acquisition and financing perspective.