By Alexander Robertson IV, As Featured in Westlaw Journal, October 2011
Literature about cases involving vapor intrusion arising from groundwater contamination is few and far between. For decades, cleaning up hazardous waste meant focusing on soil and groundwater. But increasingly, offsite property owners are suing owners and operators of contaminated sites over the migration of vapors into their homes from evaporating contaminants in the shallow groundwater, a process known as vapor intrusion. This commentary examines one such case involving a plume of perchloroethylene, which migrated over a 30-year period from a dry cleaner beneath a neighborhood of about 300 homes in Las Vegas.
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