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Illinois Vapor Intrusion Lawyer

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Total reviews: 126 | Average rating: 4.9

5

If ever needed. I will gladly go to the Collins law firm again. They were always quick to respond any questions. Happy to say case is closed and all went well .

5

I’ve had the opportunity to co-counsel with John Risvold and he is a great attorney. He brings a high level of experience, strategic insight, and tenacity to every case. Truly an asset to the personal injury field. Rest assured, your case is in good hands with this firm

5

Chris Gauther was our attorney and he was very communicative and thorough! We highly recommend the firm! Patty the paralegal was awesome as well! Overall we had a great experience!

5

I had an outstanding experience with Collins Law Firm following my car accident in McHenry County, IL. From start to finish, the team was responsive, knowledgeable and truly had my best interests at heart. A special thank you to Chris Gauthier, who handled my case with professionalism and care. His guidance made a stressful situation much more manageable. I highly recommend Collins Law Firm to anyone in need of strong, compassionate legal representation.

5

My brother suffered horrific injuries in a hit and run accident that involved a drunk driver. I called a couple of other law firms before I VERY fortunately found Collins Law Firm. Our attorney, Ed Manzke, worked diligently and expeditiously to get my brother the highest compensation available in our personal injury case. Ed surpassed our family’s expectations not only in his knowledge and work ethic, but in his genuine compassion for my brother’s situation. He made accommodations that facilitated meeting with us in person WHILE my brother was still in the hospital undergoing surgeries and procedures. Frankly, Ed was the only attorney that offered to do this and it helped speed our case along at a point when we felt that time was of the essence. Additionally, Ed’s assistant, Amber Blevins, deserves acknowledgment for all of her hard work as well. She always offered to answer any questions we had throughout the process and would often reach out to check on my brother’s condition on her own, or at Ed’s request. It means so much when you’re going through a devastating event, that you feel heard, seen and supported. If you want professionals that truly fight for you and treat you as if you’re their only client, then I HIGHLY recommend you contact Collins Law Firm!

5

I cannot speak highly enough of attorney Ed Manzke and his assistant, Amber Blevins, at The Collins Law Firm. Ed worked diligently and with great integrity to help me receive compensation for a lead paint disaster at my residence. From start to finish, Ed, Amber, and the entire team were professional, responsive, and compassionate.

Ed’s thorough guidance and legal expertise gave me tremendous confidence throughout the process. He was always available to answer questions, explain next steps, and provide reassurance when needed. Amber’s attention to detail and communication were equally impressive—she was organized, proactive, and supportive at every turn.

Their combined professionalism, empathy, and commitment truly set them apart. I am deeply grateful to Ed, Amber, and the Collins Law Firm for their outstanding work. I highly recommend them to anyone in need of trusted and skilled legal representation. Thank you, Ed!

5

Fantastic law firm! Christopher Gauthier kept me up to date every step of the way, and helped me figure out a game plan. Im very satisfied with my service here!

5

John Risvold was recommended by a friend and he was a great fit!
Professional and pleasant from the first conversation we had!
He was always available and kept me informed of progress! Patty and Chris worked and made sure I was comfortable and getting all the information needed.
I would highly recommend John and his team.

5

My lawyer was Chris Gotti. He is the best lawyer I could have ever asked for hands down. He was always on top of things and whenever he had news, he would always communicate with me right away! He is very understanding and friendly to talk to and will make you feel comfortable right away! Pick Chris Gotti as your lawyer! He won’t let you down I promise you!

5

Ed and Amber were wonderful to work with. Very professional and achieved a fair settlement for a dog bite/attack. Definitely recommend choosing Collins Law Firm.

5

The staff at Collins Law Firm was very professional and cooperative. From Patty the Legal Assistant to Chris Gauthier, the Attorney who handled my case. Chris G was even polite to refer me to another lawyer in a different field for something else I needed help in. Things were handled quickly and firmly and I knew all the steps along the way because Chris G kept in contact with me at all times. The result of my case was very pleasing, and I will always deal with Collins Law Firm if I ever need legal assistance, which I don't hope I will but they are my choice if I do.

5

My decision to go with Ed Manske and Amber Blevins to handle my mom’s injury case was one of the best decisions I’ve made! From the beginning Ed took the time to listen and put me and my mom at ease. When we made a decision to open a case it came at a time when I was overwhelmed with my mom’s medical situation including countless hospital visits, therapy, bills, doctor appointments etc so throwing a dart and picking a lawyer added to my plate. Both of them were beyond outstanding! They were both extremely professional, communicated expectations, we never seemed rushed to get off the phone quite the contrary they made sure we didn’t have any additional questions. Ed is genuine and truly makes you feel like you are his only case. Thank you so much!

5

I found myself in a car accident situation where I didn’t know who to turn to or what to do. Chris was easy to talk to and I’m glad that the Collins Law firm handled my case all the way through. I’m blessed to have had them, and definitely recommend to anyone who needs fair and compassionate council. Thank you, Collins Law!

5

This is by for the best experience I have had with a law firm, Collins Law Firm. From the onset of the car accident away from our home town, I did not know whom to call but with a search on the internet, I found this firm online. I was so pleased with initial call and conversation. The agents I have dealt with are professional, knowledgeable, very helpful, great tone on the phone and very patient. They took the time to explain what needs to be done and the expectation. My recent agent Chris G. is so awesome. He always showed empathy besides being patient knowledgeable and understanding. He never beat around the bush with my questions, just gave me straight answers. For real!! I will definitely recommend Collins Law Firm to friends and relatives. Their agents exceeds 100% and gives satisfactory RESULTS.

5

Every business dreams to have a lawyer like Rob Dawidiuk! Through acquisitions, Rob and his team helped me grow to become the largest Massage Envy franchisee in the country. He handled every transaction, every negotiation, and every touch point to a better outcome than planned. Purely flawless. Pure diplomacy. Rob and his team lead the negotiation and sale of my business to the private equity firm tax-efficiently for the best possible exit. Rob then helped me to acquire a second national franchise (FedEx Ground) in two different states over a period of four years totaling 16 separate transactions and did them all to his standard of excellence. I've been very fortunate to have Rob in my corner for the last eleven years not only for his M&A expertise, but also for his day-to-day business counsel and support. - Peter Bray

5

What John and especially Chris did to help me reach the settlement I wanted was truly awesome. Chris had great communication and kept me in the loop with my case the whole time, answering questions and going back and forth with the at fault party’s insurance. On top of being a diligent advocate they were genuinely nice and caring people. I’ve never worked with lawyers before but these guys were great and although I don’t live in the state they practice I’d highly recommend them to anyone who’s been in an accident and needs representation.
Go with The Collins Law Firm.
You won’t regret it.

5

Rob Dawidiuk does a great job as your general counsel and handling transactions and litigation. He makes himself available to answer any questions or concerns and helps you work through them. I highly recommend Rob as your attorney.

5

I have worked with Rob Dawidiuk of Collins Law Firm on several matter pertaining to my company. He was always responsive, knowledgeable, and professional. On some complicated matters, including a commercial property sale, his expertise was key in getting deals done and representing my interests. I've recommended Rob to other business associates and will continue to do so.

5

I have had the pleasure of working with Rob Dawidiuk for virtually all of our corporate legal needs. He's brilliant, works very hard, and always in our best interest.

5

I have worked with Robert Dawiduk for over 10 years, Rob has helped me not only to successfully negotiate tough business contracts but also with the sale of multiple businesses.

I highly recommend Rob for your business; he is fair, highly responsive, provides direct feedback, and offers the best solutions for successful outcomes.

5

Rob Dawidiuk is an outstanding attorney and really great to deal with. We have worked on many many transactions together!

5

I have been working with Rob Dawidiuk on a foreclosure file for the last two years. Rob is a conscientious and thoughtful attorney that looks at the whole picture in the case. He is available when I call. Rob has been a long-term attorney associated with this bank and will be in the future.

5

My wife and I recently closed on our first home and Rob Dawidiuk was incredible in helping us through the entire process. He was quick in responding to any questions we had at any point and guided us each step of the way! Throughout the entire process, Rob went explained the process in a way that was easy for us to understand and made us feel confident that we knew what we were signing up for. Thank you so much for all of your help!

5

My husband and I worked with Rob Dawidiuk for our real estate closing. Rob is kind, honest, and responsive. I would highly recommend working with Collins Law.

5

My family has worked with Collin's and Rob Dawidiuk for almost 20 years. We met Rob when they were representing our insurance carrier for an Asbestos brake shoe claim, for which we had no liability. Rob immediately filed for a dismissal, and the plaintiff's attorney was shocked that Rob wouldn't put more time into the case because he could bill the insurance company for more time.

As a business owner, this show of high ethics is why we have been with Collins since then through thick and thin.

They have handled every aspect of legal work for our business (employment law, contract, real estate, product liability, etc).

5

Excellent business to partner with. Rob Dawidiuk has helped our business with all general counsel needs throughout the United States. Not only are they outstanding legal counsel, but also great people. I strongly recommend to anyone.

5

As in-house counsel for a nonprofit corporation, I worked with Rob Dawidiuk as our trial attorney on a complex case. After years of motions, discovery, and partial summary judgments, Rob defended us in a four-day trial and Rob was successful in winning on all issues in the case. It is a pleasure to work with Rob who is a very competent and skilled attorney.

5

Working with Ed Manzke and Amber was an absolute blessing. From the moment I reached out, they treated me with kindness, understanding, and a level of professionalism that immediately put me at ease. They didn’t just handle my case—they truly cared about my well-being and fought hard to get the best possible outcome. They explained everything clearly, kept me informed at every step, and never made me feel like just another client. Their dedication, expertise, and compassion made all the difference, and I can’t recommend them highly enough. If you need lawyers who are not only skilled but also genuinely care, Ed and Amber are the ones to call.

5

Chris did a great job! I highly recommend him for any case.

5

Really good people John is very patient and responsive with handling you personal request

5

John Risvold exceeded our expectations! I was involved in a car crash which resulted in needing several neck and back surgeries, as well as numerous other medical procedures. When the medical bills started piling up and I wasn't feeling better, I sought legal help. My husband and I met with John Risvold, who explained the legal process and stood by us every step of the way, exhibiting patience and professionalism. It was a great relief to offload our anxiety and legal work to him and we always felt that John had our back. The case went to trial and John (and Chris Gauthier) gave a master class on how to litigate a civil claim. We won the case and are extremely happy with how we were treated. We strongly recommend John Risvold and The Collins Law Firm!

5

John at Collins Law has been wonderful help. I'm forever grateful he tackled this case, handled it with care, was efficient, and compassionate. He responded to any questions I had at incredible speed & in great detail. He cares for his clients, and has been wonderful during this trying time. You cannot ask for a better experience, highest respects for John. Highly reccomend.

5

I cannot say enough great things about Chris Gauthier!. He has demonstrated outstanding negotiation skills, resolving my case efficiently and effectively. Chris ability to analyze the situation, provide sound advice, and keep me informed at every step was both reassuring and impressive. What stood out the most was his dedication to achieving the best possible outcome from me. Chris treated my case with care, making me feel valued and supported throughout the entire process.

If you're looking for a lawyer who is knowledgeable, communicative, and truly cares about your best interests, I highly recommend Christopher Gauthier!

5

Working with Ed J. Manzke and THE COLLINS LAW FIRM has been great. Communication, follow-up, advice, and experience were all excellent. Before I met Ed, I was at a low point, as a drunk driver had dramatically changed my life. I was seriously wondering what I could do, and he provided us with a light at the end of the long tunnel. Thank you to everyone at the firm for all their help; we are lucky to have had your support.

5

Ed and his team worked tirelessly to help me with a personal injury situation. They are friendly and kind and want to help you achieve the highest level of settlement resolution. Definitely recommend them as a legal team!

5

I had an outstanding experience with Ed from the Collins Law Firm as my injury lawyer. I was involved in a car accident and was connected with Ed from this firm. Ed was incredibly empathetic, always taking the time to listen and prioritize my needs throughout the entire process. His communicative and transparent approach ensured that I was informed and comfortable with every decision made. Ed’s dedication and support were instrumental in navigating my case, and I highly recommend him to anyone seeking a compassionate and effective injury lawyer.

5

I received the best over the phone consultation, he was very helpful and informative, thank you so much

5

John has helped me out on a couple of times. He really cares about people and helping them . That is a rare thing with most people and very refreshing to see!!

5

I called Collins law firm when I was hit by an SUV. Edward Manzke was my attorney. I couldn't be more then happy with him. He didn't treat me as a client, he treated me as a human being, that was important to me. Thank you . Ed.

5

I had a very positive experience with the Collins Law Firm. Ed Manzke was easy to communicate with and very informative. I appreciate all the time they put into my case and making sure I knew what was going on every step of the way.

5

Shawn & his team are not only very professional, they are so caring & patient! The Collins Law firm will be the first I’ll call with any future questions or concerns.

5

I would highly recommend the Collins Law Firm. I deeply appreciate their professionalism, their expertise in environmental law, their attention to detail, and their consistent communication. Shawn was meticulous in his explanations of the process and our choices, and was always available to answer follow up questions with patience and care (including a phone meeting with me the weekend of his daughter's wedding). I am grateful for the representation provided by the whole team at Collins--thank you!

5

Outstanding
The Collins Law team is outstanding. You will find that each lawyer is passionate and focused to achieve the best outcome for their clients. In a recent case in which I was involved in, was related to the emission of toxic fumes. Although legal team members specialized in environmental law, Shawn brought in scientists as well as physicians as resources. to support my case. Communication between the team and I was excellent. They explained the case and proceedings and updated me throughout with personal phone calls and meetings. At any time when I had questions related to my case, immediate answers were provided .
Throughout complex litigation they made me feel involved and explained and they also made me feel that my case and my input was valued.

5

My experience with the Collins Law Firm was top notch! In a world where concern for others seems to be lacking, Shawn Collins and his team were professional, compassionate, and always clear when explaining tedious information.
I thank everyone for your hard work and diligence to win my case…it is sincerely appreciated!

5

The Collins Law Firm team helped me with cases for my parents and I am very satisfied with the settlement. The team did great job with communication throughout the process. They were very good at explaining details of what needed to be done. All of them really care about my family and worked really hard to get justice for them. I am very happy I choose the Collins Law Firm over any other to handle our cases. Thank you Collins team!

5

I hired Shawn Collins from the Collins Law Firm in Naperville. He represented me and others who contracted cancer because of a corporation that was responsible for releasing toxins into the environment. Shawn and his team of attorneys and scientists worked with diligence to prove their case. Shawn is an excellent communicator and is empathetic to his client's frustration and pain. He and his team can be trusted to fight for you as if you were part of their own family. Thank-you Shawn and team from Collins Law Firm.

5

I had a fantastic experience with The Collins Law firm. Their team of attorneys are truly exceptional. They are accommodating, kind, responsive and provide expert legal guidance and support to achieve the best possible outcome. I always feel they have my best interest at heart and are always willing to spend extra time if you have questions. I highly recommend the Collins Law Firm to anyone in need of legal assistance! Thank you Shawn Collins for outstanding service, I appreciate you and everyone on your staff.

5

“The Collins Law Firm is excellent!! This was my first experience with a law firm, and I have nothing but high praise for Shawn Collins, and his entire law office. Every time there was a need for getting me information, a meeting was held that was detailed, concise, and complete. Their communication was excellent, and kept me informed of every step of my lawsuit. If I ever had a question, it was quickly and completely answered. Every staff member at Collins Law Firm was the utmost professional, yet very kind and caring. I felt they really were concerned about me and what was best for me. I am so happy I was represented by Collins Law Firm. Shawn Collins is the best! I wholeheartedly recommend the firm to anyone looking for superb, knowledgeable representation! Thank you so much Collins Law Firm for what you did for me!"

5

Shawn Collins and his AMAZ8NG team achieved what I had no idea was possible. My goal.was to get a company that had been illegally releasing cancerous gas into the air by my home and school for almost 40 years SHUT DOWN to protect the residents and their children. Not only is that company shut down in our area but the other locations are being stopped as we speak. The Collins Law Firm has saved thousands of lives by fighting for me and others affected by cancer. It is heartbreaking to know that many have lost their lives and are still suffering because of this company. No amount of money from a settlement will ever give us our health back again but at least the future residents will be safe and this will force other similar companies to THINK about the safety of the people that live near their locations and follow the guidelines THOUGHTFULLY put in place by the EPA.
Thank you Shawn Collins and the Collins Law Firm

5

We hired Shawn Collins and The Collins Law Firm about 5 years ago to handle a very complicated personal injury case involving our daughter with special needs. He took the time to meet with us on multiple occasions to get to know our family, especially our daughter. Due to the complexities of our case and various other factors, our case took many years to finally get resolved. Although the case took a while, Shawn Collins and The Collins Law Firm always kept us updated and informed. They were always very accommodating and made sure to answer any questions we had along the way. The Collins Law Firm was always responsive and informative, and provided thorough and detailed information when necessary. Additionally, Shawn Collins is not your stereotypical attorney. He had and continues to have a genuine and caring interest in our family, and in the best interest of our daughter. We have been more than pleased with the services we received, and we highly recommend Shawn Collins and The Collins Law Firm. Our family is truly and eternally grateful!

Ivan and Judy H

Illinois Vapor Intrusion Lawyer

One of the ways in which toxic waste can harm your family is through what is known as "vapor intrusion," in which toxic chemicals in the groundwater or soil convert to a gas and then seep into buildings, such as a home. This can happen through cracks in basement floors, foundation walls, utility pipes or ventilation systems.

At The Collins Law Firm, we fight on behalf of clients nationwide whose health and property value are threatened by the potentially harmful effects of vapor intrusion. We are here to help you get the results that will make a difference in your life.

When companies carelessly dispose of volatile chemicals like TCE, PCE, vinyl chloride and benzene, that behavior can have serious consequences for the health of those living nearby. What is even worse, the toxic vapor that is often created may go undetected for many years, even as it is causing serious harm. Once the presence of the vapor is finally detected in or underneath the home, the impact on the family’s health and their home’s value may be devastating.

In cases like these, families need protection against the damaging effects of the toxic vapor; a thorough clean-up of the contamination causing the toxic vapor; and compensation for any loss of property value or illness that has resulted.

Few attorneys in the entire country know how to deal with cases such as these. At The Collins Law Firm, our experienced and aggressive trial attorneys know the often complex law and science involved, and work with the most knowledgeable environmental experts to strengthen your family's case.

If you are concerned that your family might be at risk from vapor intrusion, please let us help you. Contact us at (630) 527-1595 for a free consultation.

Frequently Asked Questions

What is Vapor Intrusion?

Vapor intrusion happens when chemicals in contaminated groundwater or contaminated soil turn into gas ("vapor"), and then migrate ("intrude") into the air inside of a home or other building. The great concern, of course, is if these chemicals are dangerous to human health, especially if the people breathing the vapors cannot smell the dangerous chemicals, and therefore do not know they are present.

When vapor intrusion occurs, it is typically the result of a process that began many years, perhaps even decades, earlier. There are many possible scenarios. One is that chemicals, which years ago may have been buried, poured down a drain, dumped onto the ground, or leaked from a supply tank at a nearby factory now, years later, have contaminated the area’s soil or groundwater near homes or other buildings. Another possibility is that the chemicals leaked into groundwater from a nearby landfill, which was not adequately lined at the bottom, and therefore the chemicals were allowed to escape. Yet another is that the chemicals leaked from an underground storage tank – such as at a gas station – and infiltrated the groundwater below.

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How Does Vapor Intrude into a Home?

Once the chemicals have vaporized, they can travel horizontally and vertically through soil, and up from the contaminated groundwater, which was the chemicals’ original source. They move as any gas moves, following the path of least resistance. Vapors may enter a home by any number of ways (called "pathways") including:

  • Through even very small cracks or seams in a foundation or floor;
  • Through much larger openings in the floor, such as a sump;
  • Through expansion joints in a concrete slab; or
  • Through any sort of pipe or utility line that allows air to flow into the home from outside.

Once vapor intrusion is proven to be occurring, or is even reasonably expected to be occurring, steps should be immediately taken to protect those breathing (or even potentially breathing) the vapors. Such steps include the installation of any number of "mitigation" systems, the best of which are designed to prevent the contaminated vapors from entering the breathing space in the first place. (See the section on protecting your family against vapor for a discussion of vapor mitigation systems.)

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How Do You Know if Your Home is at Risk for Vapor Intrusion?

Whether the air inside your home (or office building, for example) is threatened by vapor intrusion depends upon a number of factors, especially the following:

  1. Proximity. The closer your home is to the original source of the chemicals – for example, factory, landfill, former military site, farm or gas station – the easier it is for the chemicals to migrate that distance. But note: there are documented examples of chemicals traveling in groundwater fully two miles or more from the original source.
  2. Type of chemical. The concern here is chemicals that readily convert to gas. Such chemicals are known as "volatile organic compounds" (or "VOCs"). The types of VOCs most often associated with vapor intrusion, are:
    • Trichloroethylene ("TCE"), a solvent used as a degreasing agent in a variety of industriesPerchloroethylene ("PERC" or "PCE"), a solvent used abundantly in the dry cleaning industry.Dichloroethylene ("DCE"), an industrial solvent and cleaner.Vinyl chloride ("VC"), which is formed from TCE and PCE, through a process call "biodegradation."Benzene, toluene, MTBE and ethylbenzene, which are petroleum-related chemicals, most frequently entering the environment at gas stations or other industrial facilities where gasoline is used in significant quantities.
    Note: The petroleum-related chemicals – benzene, toluene, etc. – degrade relatively quickly, and therefore do not typically pose a vapor intrusion threat more than a few hundred feet from their original source. However, TCE, PCE, DCE and VC are far more durable, do not degrade as easily, and therefore have been known to migrate much greater distances (even two miles or more) in groundwater from their original source.
  3. Chemical concentration. The concentrations of VOCs will diminish as they migrate further from their original source. At some point, those VOC concentrations in soil and groundwater become too insignificant to threaten vapor intrusion. However, significant VOC concentrations in soil and groundwater underneath a home, or within a few hundred feet of a home, may (in combination with the other factors discussed on this page) threaten vapor intrusion into the home’s breathing space.
  4. Groundwater flow direction. Usually, the VOCs threatening vapor intrusion are carried from their original source (factory, landfill, etc.) to a neighborhood by means of the area’s groundwater. The groundwater typically has a distinct and knowable direction in which it flows. If it flows from the factory or landfill (or other contaminant source) toward your home, this of course presents a greater risk of vapor intrusion.
  5. Depth of contaminated groundwater. The deeper the groundwater carrying the VOC contamination, the less significant the threat of vapor intrusion. This is because the VOC in gas traveling up through soil from the contaminated groundwater will diminish in concentration as it does. Conversely, the shallower the VOC-contaminated groundwater (and, particularly if the VOC concentrations in the groundwater are high) the greater the threat of vapor intrusion into the home. Most sites with a significant threat of vapor intrusion from VOCs in groundwater involve groundwater that is less than 100 feet below the ground surface, and sometimes as shallow as only 5-15 feet below ground surface.
  6. Nature of the soil. Vapor follows the path of least resistance. Therefore, as VOC-contaminated gas is travelling laterally through soil from the original contaminant source, or vertically upwards from the contaminated groundwater, it naturally moves most readily through porous soil, such as dry silt and sand. It can also migrate readily through cracks and crevasses in bedrock. The vapor moves less readily through hard clay that has no or few openings, or through sand or silt that is wet and hardened from rainfall, for example.
  7. Building design. The age and quality of a home’s basement and foundation construction can play a significant role in whether VOC-contaminated vapors will find their way into the home’s breathing space. Logically, homes with dirt floors; large, open sumps; significant cracks in the concrete of the basement floor or foundation; and concrete expansion joints offer relatively easy ways for the vapor to enter the home from the soil and groundwater below. However, it must be noted that VOC-contaminated vapors are "creative;" they can slip into the breathing space even of newer, well-constructed homes with no visible means of the vapor’s entry.
  8. Season, and weather conditions. Significant rainfall can dampen and harden soil, thus providing (likely only temporarily) a barrier to vapor migration. The hard, frozen ground of winter may furnish the same type of temporary barrier. On the other hand, when temperatures are warmer, VOCs will be more volatile, i.e., will convert to vapor more readily. The influence of weather conditions and seasonal variability on the formation and migration of vapor means that, in order for the occupants of a home or office to be confident that their breathing space is not threatened by vapor intrusion, testing must be done during different seasons and weather conditions. In this way, "false negatives" can be ruled out.

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How Dangerous are the Chemicals in the Vapor?

Here is a list of the chemicals most likely to be found in the vapor threatening to intrude into breathing spaces of a home. They are known as "Volatile Organic Compounds," or "VOCs," because they are readily converted into vapor:

  1. TCE: Trichloroethylene (TCE) has been classified as a human carcinogen by the US EPA and the World Health Organization. It is associated with kidney cancer, liver cancer and malignant lymphoma, as well as other cancers. TCE also targets the central nervous system, the immune system, and the male reproductive system. For more information on the health effects of TCE, see our page: What You Need to Know About Trichloroethylene (TCE).
  2. PCE: The International Agency for Research on Cancer (IARC) considers tetrachloroethylene (PCE) probably carcinogenic to humans. It has been linked to bladder cancer, multiple myeloma, and non-Hodgkin's lymphoma in human studies and to other cancers in animal studies. In addition, PCE targets the central nervous system, kidney, liver and reproductive system. For more information on the health effects of PCE, see our page: What You Need to Know About Perchloroethylene (PCE)
  3. Vinyl Chloride: The World Health Organization and the U.S. Department of Health and Human Services have determined that vinyl chloride is a known carcinogen. Vinyl chloride exposure is linked to liver, brain, and lung cancer, some cancers of the blood, and other cancers. The primary target of VC toxicity is the central nervous system, however, it can also produce liver changes and immune reactions. For more information on the health effects of vinyl chloride, see our page: What You Need to Know About Vinyl Chloride
  4. DCE: At this time no government agency has classified 1,2-dichloroethene (DCE) as carcinogenic. However, studies on animals have shown heart, lung and liver damage when the animals breathe high levels of DCE for a period of time, with the damage being more severe the longer the exposure.
  5. Benzene: Both the US EPA and the World Health Organization have concluded that benzene is carcinogenic to humans. More specifically, exposure to benzene can cause leukemia, particularly acute myelogenous leukemia, often referred to as AML. In addition, the main targets of benzene are the central nervous system, the hematopoietic system and the immune system, and it has been linked to various illnesses. For more information on the health effects of benzene, see our page: What You Need to Know About Benzene.
  6. Toluene: Toluene has not yet been determined to be a human carcinogen, however, exposure to toluene may negatively affect the function of other systems in the human body. Toluene toxicity primarily targets the central nervous system. Other areas commonly affected by toluene exposure include the immune system, kidneys and liver. For more information on the health effects of toluene, see our page: What You Need to Know About Toluene.
  7. Xylene: At this time there is insufficient evidence to conclude that xylene is a human carcinogen, however, exposure to xylene is associated with other health effects. The nervous system, respiratory system, cardiovascular system, and kidneys are primarily affected by exposure to xylene. For more information on the health effects of xylene, see our page: What You Need to Know About Xylene.
  8. Ethylbenzene: The International Agency for Research on Cancer has determined that ethylbenzene is a possible human carcinogen. In animal studies, exposure to ethylbenzene was linked to kidney, lung, liver and testicular tumors. Further animal studies on ethylbenzene toxicity have shown irreversible inner ear and hearing damage after short term exposure and kidney damage after long term exposure.
  9. MTBE: The International Agency for Research on Cancer and the EPA have not classified MTBE as carcinogenic, however some animal studies have suggested a possible link between breathing MTBE for a long period of time and kidney and liver cancer. Further animal studies have suggested that drinking MTBE may cause liver and kidney damage, and nervous system effects. For more information on the health effects of MTBE, see our page: What You Need to Know About Methyl Tertiary Butyl Ether (MTBE)

Here are other important things to keep in mind when considering the health threats posed by VOC-contaminated vapors:

  • Children, the elderly and those experiencing significant illness are most vulnerable to the health threats posed by VOC-contaminated vapor. This is because these individuals have compromised or (in the case of children) immature immune systems that do not dispose of toxins as readily as the immune systems of healthy adults.
  • Some of these VOCs pose an additional danger because we cannot smell them when they are present. While we typically can smell petroleum-related VOCs (benzene, toluene, etc.) we typically cannot smell TCE, PCE, DCE or VC. This means that we can be breathing these VOCs in vapor and not know it.
  • Even very low concentrations of these VOCs in our breathing space can be harmful to our health, if we breathe them for a long enough period of time (i.e., months or years, depending on the chemical). Such longer-term exposure is known as "chronic" exposure (as opposed to shorter-term, or "acute," exposure). Therefore, because we usually cannot smell low concentrations of TCE, PCE, DCE and VC, it is possible that they can be present in our breathing space for long enough to injure health, without our even knowing that they are present.

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What Testing Can be Done to Investigate for Vapor Intrusion?

Sub-Slab Testing - The most reliable form of testing for the presence of contaminated vapor is to sample the vapor in the soil near a home or, better yet, beneath the home's foundation (called the "sub slab"). The results of this testing are often immediately available, but should be confirmed by having the samples sent to a laboratory which specializes in analyzing the results of such testing.

There are two other forms of investigation for vapor intrusion that should be mentioned.

Modeling - "Modeling" is an attempt to predict the concentration of contaminated vapor threatening to enter a home's breathing space based upon the concentration of the chemical in the groundwater; the distance between the contaminated groundwater and the home; and other factors. Essentially, modeling substitutes a formula in place of actual testing, mostly to save cost. The theory is that, if the modeling shows that no significant concentration of the chemical will intrude into the home's breathing space, then relatively expensive actual testing for contaminated vapor, and protecting the home's residents against vapor intrusion, need not be done.

The problem is that the modeling can be wrong, concluding that there is no risk of vapor intrusion when in fact the opposite is true. (This is called a 'false negative.") In one famous case in Colorado in 2000 (known as the "Redfield" case), use of a well-accepted modeling formula predicted little or no vapor contamination, when later testing actually revealed significant levels of trichloroethylene ("TCE") and dichloroethylene ("DCE").

Especially because the consequences to a family of a false negative are so serious--i.e., being falsely assured that family members are not breathing contaminated air when in fact the opposite is true--models and formulas are not a reliable substitute for actual testing.

In-home testing - Logic would seem to indicate that the most reliable test to see whether chemical-contaminated vapor is intruding into a home would be a test of the actual air inside the home.

But many experts disagree, for basically two reasons:

  • Indoor air quality changes significantly from day to day, and even hour to hour. As a result, sampling one day may not indicate a problem even though sampling the very next day might. In fact, it is even possible that sampling in one area of the home might not show a problem, even though sampling in a different area would have.
  • It is not always possible to be sure that chemicals detected in indoor air testing came from outside the home, rather than from products that may be used or stored inside the home. The chemicals of greatest concern for vapor intrusion - "volatile organic compounds," such as TCE - can also be found in products that are sometimes found in homes, such as paint, cleaning supplies and air fresheners. Testing indoor air for the presence of such VOCs cannot distinguish between a VOC from in-home paint, for example, and a VOC from a factory up the road.

Therefore, the most reliable testing for the possibility of vapor intrusion into a home's breathing space is to test the vapor outside the home, either in the yard or, preferably, in the sub-slab.

Important: For accurate results, you must conduct multiple tests

Any testing must consider the fact that vapor is always "on the move", and that its movement is often unpredictable. As a result, no single test is a reliable indicator of the presence or absence of contaminated vapor near a home, let alone throughout an entire neighborhood. For example, contaminated vapor can be found in a high concentration at a single location one day, but not be detected at all at that same location the following day. It can be found in one family's front yard one day, but not at the home next door, or across the street, and yet testing the following week can show the reverse results. Therefore, a reliable understanding of the presence or absence of vapor at a single home may require 4-6 separate tests on that property throughout the year. Likewise, a reliable understanding of vapor in a neighborhood requires multiple tests at multiple testing locations throughout the neighborhood.

A final word: no matter the type of testing for vapor intrusion, the testing should be paid for by the company or persons responsible for creating the threat in the first place. And government's environmental regulators should oversee the testing, to ensure it is properly done, and likely to yield reliable results.

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How Can You Protect your Family Against Vapor Intrusion?

The best temporary protection against vapor intrusion is the installation of a "vapor mitigation system" ("VMS"). One such VMS is a "sub-slab depressurization" system, which operates like a vacuum, sucking the air below the home's foundation, and venting it safely out to the atmosphere above the home, via a pipe running up the length of the home from the "vacuum." The idea is to intercept the contaminated vapors before they have the chance to enter the home's breathing space, and then send them out into the atmosphere where their danger will quickly dissipate.

Such systems must run continuously in order to be effective. There is, of course, a cost to this, as the systems require electricity in order to function. There is also a cost to have a qualified professional install the system in the first place, ensure that it is functioning properly and then periodically inspect and repair the system, as may be needed. The company or persons responsible for creating the threat of vapor intrusion should bear this cost.

It should be noted that even the best designed and installed VMS is not perfect. It is not guaranteed to intercept all contaminated vapor, or to not periodically malfunction.

This is why the VMS is only a temporary means to protect the home's residents against vapor intrusion. The permanent solution, of course, is that the contaminated groundwater, or soil, or both, which is serving as the source of the vapor contamination must be cleaned up. Such remediation can be very expensive, and take a very long time, decades even. This is because, by the time a contamination problem has gone un-remediated to the point that vapor intrusion into a home is threatened, the contamination has been in the environment for a very long time, and cleaning it up therefore cannot be done quickly or inexpensively.

As with the cost of installing, operating and maintaining a VMS, the cost of remediating the source of the contamination should be borne by the company or persons responsible for the contamination in the first place.

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Why Should You Hire an Environmental Lawyer for Your Vapor Intrusion Problem?

Vapor intrusion problems often present the "perfect storm" of circumstances that work against threatened families:

  • The stakes are very high. If there is a threat that dangerous chemicals are intruding into the breathing space of your family home, the health of your family members, not to mention the value of your property, are at risk.
  • The problems are expensive to solve. That means that the solution to vapor intrusion is beyond the financial capability of most families. But it also means that the polluter responsible for the contamination is not going to want to spend the money necessary--maybe millions--to protect those it has put in harm's way, and to clean up the source of the contamination.
  • The polluter has a lawyer. That lawyer is there to fight against you, your neighbors and any government regulator that may be pushing the polluter to take action.
  • The government cannot always help. Even though the government regulator is supposed to be protecting you, it often does not have the resources (money, lawyers, political muscle, etc.) to fight a legal war with the polluter. This is a tremendous advantage for the polluter, and usually means that the people threatened by the vapor intrusion are not protected as they deserve to be.

This is where an environmental lawyer experienced in handling vapor intrusion cases can be of enormous help.

Recent Results

The Collins Law Firm has successfully litigated 3 recent vapor contamination cases in the states of Illinois, Indiana and Wisconsin. Our clients and their families were threatened by methane migrating from a landfill in Illinois and by TCE/PCE migrating from industrial facilities in Indiana and Wisconsin. As part of those cases, the firm obtained nearly $18 million in compensation for lost property value, and agreements by the polluters to clean up the contamination.

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What Will Our Experienced Attorneys Do for You?

There are many aspects of a vapor contamination case that are extremely complicated and difficult. Our lawyers have the expertise, from handling many vapor intrusion cases, to represent your best interests. Our lawyers will:

  1. Help "level the playing field". The polluter will no longer be the only one with a lawyer to make the legal system work to its advantage. Having your own lawyer sends the signal to the polluter that you are serious about getting a solution; that you will go to court, if necessary, to claim your legal rights; and that the polluter must be more respectful and transparent in dealing with you.
  2. Communicate on your behalf with the polluter and government. You won't any longer feel mismatched and taken-advantage of by trying to go one-on-one with the polluter's lawyers and experts who know more than you do about all of this.
  3. Help you understand the often scientifically and legally complicated "language" of vapor intrusion problems. Vapor intrusion threats involve the intersection of the sciences of chemistry; toxicology; hydrogeology and geology, and possibly others. Your legal rights are contained in seemingly complex state and local statutes and environmental regulations. All of this can be daunting for even very well-educated lay people. However, in order to make good decisions for your family, you must gain at least a basic understanding of all of this. An experienced environmental lawyer will help you with this, even by hiring scientific experts where necessary.
  4. Get you protected more quickly. Even the threat that chemical-contaminated vapor is coming into your home means that quick action is necessary. A vapor mitigation system must be installed on your home, to best ensure that the vapors do not even enter the home in the first place. Very likely, you will get this protection sooner than later if a lawyer is demanding it for you.
  5. Get you compensation, if warranted. Vapor intrusion injures property values, and can sometimes lead to significant inconvenience to a family regarding how it uses its home. For example, intruding vapor will sometimes require a family to abandon use of its basement, or its home altogether, until the vapor intrusion threat is eliminated. Of course, another kind of compensatory damage is for any injury to health that may have been caused by a person's exposure to contaminated vapor. Compensation for illness, loss in property value, and inconvenience is not something that even a well-intentioned government regulator can secure for a family. Government does not have the power to demand compensation for the victims of vapor intrusion. Only a lawyer can fight to get you the compensation you deserve.
  6. Only charge a fee if you recover money. Most environmental lawyers who work for pollution victims are paid by means of a "contingency" fee, or "statutory" fee. A contingency fee is a percentage--often, 33.3%--of whatever money the lawyer collects for you. If the lawyer collects nothing for you, you don't have to pay anything. A statutory fee is one found in some environmental laws that your lawyer may put to work for you. These laws state that, if you are successful in your case against the polluter, then the polluter must pay your lawyer.

The bottom line is that the stakes--health and property--involved in vapor intrusion problems, as well as the legal and scientific complexity of those problems, means that any family potentially affected by them really must have its own experienced lawyer.

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What Can be Gained by a Vapor Intrusion Lawsuit?

There are two goals of a vapor intrusion lawsuit: protection against future vapor intrusion, and financial compensation for damage and injury that were caused by vapor intrusion (or the threat of it).

Protection: Vapor intrusion can really be dangerous. The chemicals that convert into a gas (or "vapor") and threaten to invade ("intrude") into the breathing space of your home are bad news. TCE, PCE, Vinyl chloride, benzene--just to name a few of the chemicals that easily vaporize--threaten serious health injury if breathed regularly, ranging from a disruption of the central nervous and immune systems to an increased likelihood of certain cancers. Children, the sick and elderly are most in danger. For more information on individual chemicals see our Environmental Blog.

This means that, if there is even a threat of vapor intrusion, humans need protection against it. If the polluter will not voluntarily provide this protection, then you may file a lawsuit to ask a court to compel the polluter to provide it. This is called seeking "injunctive relief", or an "injunction".

There are two kinds of protection you may seek in a lawsuit: short-term, and permanent.

Temporary protection usually comes in the form of a "vapor mitigation system", or VMS. While there are many kinds of VMS, the basic function of each is to prevent the chemical-contaminated vapor from entering the home in the first place. Often, this is accomplished by an experienced technician creating a system which suctions vapors from under the home (in the "sub-slab"), and then pipes them to above the home's roof level, where they are dispersed harmlessly to the outdoor air.

Why is a VMS only temporary?

Because the installation of even the very best-quality VMS does not eliminate the source of the problem, which is the chemical contamination in the soil or groundwater, that threatens to convert to a vapor. So long as that contamination remains in place, the threat of vapor intrusion remains. Under these circumstances, the VMS functions like a gas mask. It prevents a person from having to breathe the toxic gas, but does not eliminate it.

That is why long-term, or permanent, protection is also necessary. Specifically, the contaminated soil and groundwater need to be cleaned up. Now, this can be a very expensive and decades-long process. Nevertheless, until it is done, the families will continue to be threatened by vapor intrusion, and a well-maintained VMS must remain in operation.

Compensation: The reason that people need protection against these chemicals--i.e., they are dangerous to human health--is the same reason why, if the chemicals are discovered to be in nearby soil or groundwater, threatening to intrude in vapor form into your home, the value of your home diminishes. This really doesn't require any more explanation than this: Who wants to buy a home where the indoor air is threatened by toxic vapors? Many home buyers will shop elsewhere, and the loss of these buyers means your home is now worth less.

Likewise, vapor intrusion, or even the threat of it, may seriously disrupt a family's enjoyment of their home. For example, so long as the threat exists, some families will (quite sensibly) avoid using the home's basement, since that is the most likely entry point for contaminated vapors. In extreme cases--for example, where high concentrations of an especially dangerous chemical might intrude--families will evacuate their homes, until they can be assured that the threat of vapor intrusion no longer exists.

In most states, where vapor intrusion has caused a home to lose value, and/or the family's use of the home to be significantly diminished, legal action can be taken to secure financial compensation for those losses.

The saddest reason to have to seek compensation via a lawsuit, of course, is if someone's health has allegedly been injured by exposure to toxic vapors. Such injuries are typically quite serious--cancer, for example--and the legal cases can be quite complex. For example, a person claiming to have been injured by vapor intrusion must have scientific proof both that he/she was exposed to the contaminated vapor long enough for the illness to have developed, and that the vapor (and not something else, like smoking, or family history) was the cause of the illness.

Finally, while filing a lawsuit to secure protection against vapor intrusion, or compensation for serious injury to health or property caused by vapor intrusion, is a very serious undertaking that requires great legal and scientific skill, it is often the only way for a family or injured person to vindicate their rights against the misconduct of a polluter.

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Contact The Collins Law Firm Today if You Think Your Family is at Risk

Our lawyers know what it takes to get justice for our clients, who are facing long-term health effects--such as cancer and birth defects--or loss of property values due to dangerous chemical vapor intrusion. We not only pursue monetary compensation, we work to force corporations to clean up the air, soil and water so that families can live in their homes without fear.

As a client of The Collins Law Firm, you will benefit from our knowledge, experience and resources, which we will put to use to keep you and your family safe, and to pursue compensation for any physical or financial damages. Call us at (630) 527-1595 (dial extension 221 for Shawn Collins) to schedule a free consultation, if you are concerned that your family might be at risk from vapor intrusion.

Additional Resources

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Soil Gas Testing for Vapor Intrusion, Environmental Attorney, The Collins Law Firm
Vapor Intrusion: How it Happens / Environmental Attorney, The Collins Law Firm
7 Myths About TCE Vapor Contamination / Environmental Attorney, The Collins Law Firm
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