To Grant or Not to Grant Environmental Site Access Requests

May 8, 2015
Jonathan H. Spergel and Diana A. Silva
The Legal Intelligencer

Oftentimes the investigation or remediation of environmental contamination at a site triggers the need for access to an off-site property, either to determine whether the off-site property has been impacted by the contaminated site, or to conduct remedial activities to address contamination that has migrated to the site. In recent years, the need for this off-site access has become more frequent because of increased regulatory focus on vapor intrusion—the potential of certain contaminants in soil or groundwater to volatilize, travel through the subsurface, migrate through building floors and foundations, and potentially negatively affect indoor air quality.  Sometimes a governmental agency seeks access to a property to conduct a site investigation; other times it is the private party responsible for the contamination who seeks access to the offsite property.

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