Re: Lead and CERCLA (GOCOs)

[Lenny Siegel <lsiegel@cpeo.org>]

Barry Steinberg's response to Laura Olah:

Laura, Lenny--

The basis for the Army's historical acceptance of environmental
liability at GOCO ammo plants is PL85-804, which is an exception to the
Anti Deficiency Act. It is included in the GOCO contracts. The logic was
that if there were no indemnification for extraordinary risks, no one
would bid on the ammo manufacturing contracts. Those risks have been
carried over to cover environmental risks. This is not as unusual as it
may appear at first glance. Congressional coverage of private sector
risks exists in other areas. For example, there is an exclusive federal
remedy, paid from appropriated funds, for vaccine injuries. As a result
of liability from the swine flu vaccine, drug companies insisted on
liability protection for future vaccines. Otherwise, they would not
develop them.

BPS
<kutak_r@ix.netcom.com>
Lenny Siegel
Director, SFSU CAREER/PRO (and Pacific Studies Center)
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org