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Recent Developments in Vapor Intrusion Guidance and Regulation: Implications for Remediation, Transactions, and Litigation


Product Code - EHAU03
Speaker(s): Scott Deatherage, Partner with Gardere Wynne Sewell, Richard Faulk, Partner with Hollingsworth LLP, and Christopher M. Roe, Co-chair of the Environmental Practice Group with Fox Rothschild LLP
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The Environmental Protection Agency and state environmental agencies remain concerned about volatile chemicals in contaminated soil and groundwater migrating into residential or commercial and industrial buildings, and the potential health impacts of the exposure to those chemicals. Vapor intrusion presents an evolving regulatory and liability concern for regulated industries, real estate developers and managers, and companies managing their own buildings and employees. In April, EPA issued two new draft guidance documents for evaluating and addressing vapor intrusion for sites regulated under the Comprehensive Environmental Response, Compensation, and Liability Act and Resource Conservation and Recovery Act, and received more than 40 separate comment submissions before the public comment process closed June 24.

States also are evaluating how they will address vapor intrusion concerns. In Texas, internal guidance will be developed to assist the Texas Commission on Environmental Quality in evaluating how to respond to potential or actual vapor intrusion. Meanwhile, Pennsylvania is in the process of substantially revising its 2004 guidance, and other states have recently issued or updated existing guidance.

This webinar is designed to:
•Review EPA’s recent guidance documents and their implications
•Analyze recent developments at the state level, including the developing approach in Texas
•Discuss the current and future role of vapor evaluations in environmental due diligence for transactions, including Phase I environmental site assessments
•Explore potential impact of these new developments on building owners, future assessments, cleanups, and business transactions
•Address liability risks and issues that could arise from vapor intrusion

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Scott Deatherage, Partner with Gardere Wynne Sewell, Richard Faulk, Partner with Hollingsworth LLP, and Christopher M. Roe, Co-chair of the Environmental Practice Group with Fox Rothschild LLP

Scott Deatherage
Scott Deatherage is a partner with Gardere Wynne Sewell in Dallas, Texas. He advises clients on a variety of environmental, energy, and greenhouse gas regulation issues. His practice focuses on permitting, compliance, administrative law, and judicial litigation on a variety of environmental issues including air emissions, wastewater discharges, hazardous waste, hazardous substances, and toxic substances. Scott represents clients before local, state, and federal environmental agencies, as well as state and federal courts. He has significant experience representing oil and gas, pipeline, refining, marketing of oil and gas, and refined products clients with respect to environmental matters. In particular, he is currently advising companies dealing with vapor intrusion concerns and actual vapor intrusion in buildings. Scott earned his J.D., cum laude, from Harvard Law School where he was the staff editor and articles editor for The Harvard Environmental Law Review; staff and recent developments author, Harvard International Law Journal; and research and writing assistant for Professor Laurence H. Tribe for the Second Edition of American Constitutional Law. Scott received his B.A. in Letters from the University of Oklahoma. He is licensed to practice law in Texas.

RichardFaulk
Richard Faulk
is a partner with Hollingsworth LLP in Washington, DC. He concentrates his trial and appellate practice on complex environmental litigation, including air and groundwater pollution, public nuisance, class actions, and mass tort cases. He is a board certified appellate specialist who has argued numerous cases before the nation’s state and federal appellate courts, including the U.S. Supreme Court. Rick is recognized by Chambers and Partners for his work in environmental litigation. He earned his J.D. from Southern Methodist University Dedman School of Law and his B.M. from the University of North Texas. His law review articles have been honored with William Burton Awards for Legal Achievement at the Library of Congress in 2003, 2009, and 2012, and they have been cited in important judicial decisions, particularly regarding the emerging public nuisance controversies. Rick also is known for his work regarding climate change litigation and the admissibility of scientific evidence, and has served as an invited speaker to the National Academy of Sciences and numerous judicial education programs on those subjects. He is licensed to practice law in the District of Columbia and Texas.

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Christopher M. Roe is co-chair of the environmental practice group of Fox Rothschild LLP. He has counseled clients through vapor intrusion investigations in Pennsylvania, New Jersey, Massachusetts, Colorado, and California. Chris successfully advocated for replacement of ASTM’s E 2600-08, Vapor Intrusion Standard Practice; is a member of the Clean Standards Science Advisory Board committee advising Pennsylvania on revision of its VI guidance; formally petitioned the Environmental Protection Agency in December 2012 for a public comment process on its draft VI guidance and recently submitted comments to the agency; and led a focus group on the revised definition of recognized environmental condition in the latest revision of ASTM’s Phase I standard practice, expected out this year. Chris speaks and writes on VI issues often. His practice focuses on the environment, chemical handling and exposure, compliance, transactions and litigation, including mass tort defense. He is a graduate, cum laude, of Temple University School of Law and a graduate of the George Washington University. Chris is licensed to practice law in New Jersey and Pennsylvania.