• 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 …

  • Army Seeks to Dismiss Class-Action Suit over Contamination at Ft. Detrick0

    The Army has asked a federal court to dismiss a class-action lawsuit filed last August by residents of Frederick, Md., seeking $750 million in compensation for the deaths and illnesses caused by contaminated soil and groundwater at Fort Detrick. Decades ago, the Army dumped sludge from its former decontamination plants, ashes from its incinerators, potentially radioactive sludge from a sewage disposal plant, drums of the industrial solvent trichloroethylene and other hazardous substances into unlined pits at the post’s Area B, reported the Frederick News-Post. About 200 people are involved in the suit, which claims the contaminants are responsible for cancer and other terminal illnesses they or their relatives experienced …

  • 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 …

  • Feds Ask Judge to Dismiss Developer’s Suit over Contamination at Ft. Detrick0

    A U.S. attorney on Thursday asked a judge to dismiss a developer’s lawsuit seeking damages for the loss in value of property adjacent to Fort Detrick in Frederick, Md., stemming from groundwater contamination at an Army chemical waste site. Waverley View filed the $37 million lawsuit against the Army in May for neglecting to clean up chemical, radiological and biological contamination, reported the Frederick News-Post. But the federal government said concerns about the contamination led state regulators to bar the use of groundwater beneath the 93-acre parcel before Waverley acquired it in 2012 …

  • 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 …

  • Agreement Reached over Cost to Investigate Contamination at former Schilling AFB0

    A comprehensive cleanup of groundwater and soil at the former Schilling Air Force Base in central Kansas moved one step closer to being realized after the city of Salina, other local entities and the federal government filed a settlement agreement this week with the U.S. District Court in Kansas City. The $9.4 million agreement, which still needs to be approved by a federal judge, covers only the estimated cost of a remedial investigation, feasibility study and corrective action decision, and does not include the cleanup …