The judges overseeing the Camp Lejeune toxic water cases have barred those injured by the years long water contamination from presenting evidence that some were sickened by vapor intrusion while living or working aboard the base.
Vapor intrusion occurs when volatile chemicals in contaminated shallow groundwater evaporate and move upward through the soil into the indoor air of overlying or nearby buildings.
The same volatile organic compounds that contaminated the drinking water at Camp Lejeune, like trichloroethylene and tetrachloroethylene are of concern for vapor intrusion.
The judges overseeing the Camp Lejeune water contamination litigation rules that vapor intrusion claims cannot be argued because the Camp Lejeune Justice Act specifically refers to contamination in the "water at Camp Lejeune that was supplied by, or on behalf of, the United States” and evidence related to vapor from groundwater into the air is irrelevant.
Breathing indoor air contaminants from vapor intrusion is a potential pathway of exposure to the same harmful chemicals found in the drinking water, which have been linked to serious health conditions like various cancers, birth defects, and neurological disorders, and although legal claims via the CLJA may not be able to use vapor intrusion as a basis for causation, the health effects from contaminated air remain a significant public health concern.
