• DOD Outlines Process for LRAs to Request Protection under Environmental Statute

    DOD Outlines Process for LRAs to Request Protection under Environmental Statute0

    The Defense Department has proposed a rule outlining the process for local redevelopment authorities (LRAs), owners and others in control of BRAC sites to request legal representation from DOD according to a federal statute intended to protect them from liability for undiscovered contamination. The proposed rule, published in the Dec. 7 Federal Register, stems from Section 330 of the 1993 defense authorization act, which indemnifies owners of former military base property from lawsuits, judgements and other actions arising out of claims for personal injury or property damage. To date, the statute primarily has been relied on by LRAs and their insurers to recover damages from the military after they encounter previously unknown contamination …

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  • Defense Bill Does Not Extend Environmental Protections to Non-BRAC Sites0

    The leadership of the Armed Services committees negotiating the final version of the fiscal 2015 defense authorization bill removed a provision that would have offered the same liability protections that BRAC sites receive when unknown contamination is discovered to property at facilities closed outside of BRAC. The language, added as an amendment sponsored by Indiana Rep. Todd Young (R) to the House version of the annual policy measure, would have extended the indemnity now provided by section 330 of the 1993 defense authorization bill to property not yet transferred at ammunition plants and other installations closed outside of the BRAC process …

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  • House Passes Amendment to Extend Environmental Protections to Non-BRAC Sites0

    Land not yet transferred at former ammunition plants and other military installations closed outside of the BRAC process would receive the same liability protections as BRAC sites when unknown contamination is discovered, under an amendment to the fiscal 2015 defense authorization bill passed by the House last week. The amendment, sponsored by Indiana Rep. Todd Young (R), would extend the indemnity now provided by Section 330 of the 1993 defense authorization bill to property not yet transferred at bases closed outside of the BRAC process …

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  • BRIC Bill Would Extend BRAC Environmental Protections to Other Closed Bases0

    Former ammunition plants and other military installations closed outside of the BRAC process would receive the same liability protections as BRAC sites when unknown contamination is discovered, under legislation introduced last week by Indiana Rep. Todd Young. The Base Redevelopment and Indemnification Correct (BRIC) Act, H.R. 2258, would extend liability protections provided to developers of BRAC installations to all DOD facilities closed after Oct. 24, 1988. The provision would extend the indemnity now provided by Section 330 of the 1993 defense authorization bill to bases closed outside of the BRAC process …

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  • Appeals Court Finds Environmental Liability Statute Has Broad Application0

    LRAs and developers may finally be able to breathe a sigh of relief that they can rely on a federal statute to protect them from liability for undiscovered contamination at BRAC sites, following a federal appeals court ruling earlier this month concluding that regulatory actions carried out by environmental agencies are covered under the law. The decision by the Federal Circuit — which reverses the finding of the U.S. Court of Federal Claims in a case brought by Indian Harbor Insurance to recover costs to remove soil contamination at the former Marine Corps Air Station (MCAS) Tustin, Calif. — settles for now the question of how broadly the federal courts will interpret Section 330 of the 1993 defense authorization act …

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  • Conference Agreement Fails to Extend Environmental Protections to Non-BRAC Sites0

    A bid to extend liability protections afforded BRAC sites to installations closed outside of the base closure process when unknown contamination is discovered fell short, as negotiators this week omitted language that had been in the House version of the fiscal 2013 defense authorization bill from the conference report. The provision would have extended the indemnity now provided by Section 330 of the 1993 defense authorization bill to all bases closed after Oct. 24, 1988 …

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