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Stay Current: New York Agencies Take Lead in Addressing Soil Vapor Concerns

May 07, 2007

By David J. Freeman and Jesse Hiney

Vapor Intrusion ("VI") is an issue affecting hazardous waste investigations, cleanups and real estate development nationwide. As the knowledge and understanding of how VI operates in the environment expands, so does the impact of VI on developers and responsible parties.

Because of historical circumstances and a resulting intensive evaluation of VI, New York State is widely considered the bellwether for what may happen in other jurisdictions across the country. In October 2006, companion guidance documents were issued by the New York State Department of Environmental Conservation ("DEC") and the New York State Department of Health ("DOH"). This client alert provides a summary of the background leading to the issuance of the guidances, an outline of the policies created by the DEC and DOH, and a discussion of practice concerns and the practical effect of the guidance documents.