A federal district court was recently presented several government standards to use in determining whether indoor air contamination from vapor intrusion created an imminent and substantial endangerment to human health or the environment to support a citizen suit claim asserted under the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. § 6972(a)(1)(B).
In Tilot Oil LLC v. BP Products North America Inc.¸ Case No. 9-CV-210 (E.D. Wisc. 1/17/12), Tilot claimed that petroleum contamination migrated onto its property from an adjoining property owned by BP, which contaminated its groundwater. Tilot further claimed that when the water table rose above the elevation of the floor in its basement, petroleum-impacted groundwater entered the basement and threatened the health and safety of its employees.
To read more about this matter, please read Bill Wagner's recent blog post on Commonground.