Re: AK Senator Introduces Legislation on Vieques

[Lenny Siegel <lsiegel@cpeo.org>]

In my role at CPEO, I am not in a position to take a stand on the
proposed permanent cease-fire on Vieques or the proposed transfer to the
state of Puerto Rico. However, if such a transfer is being contemplated
- as with any other federally mandated transfer - it's important to
consider the implications for CERCLA Section 120(h). For example, in a
similar situation, the Patuxent wildlife refuge at Fort Meade
(Maryland), the Interior department was required to accept
ordnance-contaminated land. As I recall, environmental regulators lost
some leverage because they couldn't question where the land was suitable
for transfer.

In the most parallel situation, Kaho'olawe (Hawaii), the property was
transferred to the state, but the legislation authorizing the transfer
called for a new regulatory framework and was accompanied by the
establishment of a trust fund.

>From an environmental point of view, it's important not to move forward
with a transfer unless there's a mechanism in place to enable what is
likely to be a enormous, difficult cleanup.

Lenny
-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
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
http://www.cpeo.org