Navy response on Environmental Justice

[Lenny Siegel <lsiegel@cpeo.org>]

FROM PATRICK LYNCH:

>From the Responsiveness Summary of: Moju Environmental, 1997, "Approval
Memorandum for Non-Time Critical Removal Action, Site 16 CANS Area,
Alameda Point Naval Air Station," prepared for EFA-West, November 10.

Clearwater Revival Company's Comment:

The Removal Action does not comply with Executive Order No. 12898 on
Environmental Justice.

Federal angecies are required to develop environmental strategies that
identify and address disproportionate exposure and adverse health
effects of their activities. The proposed removal action and other
environmental cleanup activities at NAS have not complied with state
environmental standards nor have they complied with the generally
accepted standard of professional care. The Navy's activities have
therefore created, and continue to perpetuate a disproportionate
exposure to toxic chemicals and a disproportionate health burden in the
West End of Alameda. The West End is a low-income ethnically-diverse
communtiy. Until the Navy commits to an acceptable standard of cleanup
at Site 16 and other toxic waste sites at NAS a great injustice
continues to be done to residents of the West End.

Navy's Response:

The executive order referenced pertains to the NEPA (National
Environmental Policy Act) process, but this action is being conducted
under CERCLA (Comprehensive Environmental Response, Compensation, and
Liability Act). Specifically, Executive Order No. 12898 applies to the
analysis of environmental effects of federal actions when "such analysis
is required by NEPA." CERCLA actions are not within the scope of the
executive order, because thay are inherently considered to benefit the
community through mitigation of environmental hazards. In addition,
CERCLA actions are considered to be equivalent to the NEPA process, due
to the ability of the states, local governments and the public to
comment on the proposed process.

**********

Patrick G. Lynch

Clearwater Revival Company
305 Spruce Street
Alameda, CA 94501

phone: (510) 522 - 2165
fax: (510) 522 - 8520
email: clearh2orev@earthlink.net