[CPEO-MEF] CLOSURE: "Voluntary Cleanup Held to Trigger Right of Indemnity ..."

[Lenny Siegel <lsiegel@cpeo.org>]

Voluntary Cleanup Held to Trigger Right of Indemnity Under Military  
Base Closure Act

By Steve Jones
Marten Law
February 26, 2013

The Defense Department has closed dozens of bases and other federal  
facilities in the past twenty years and is likely to close many more  
over the next several years as part of the belt-tightening needed to  
reduce the federal deficit. Many of these former facilities have been  
redeveloped.

The sale of former military facilities is governed by the Base  
Closure and Realignment Act ("Act"), which was enacted by Congress in  
1990. Section 330 was adopted as part of the National Defense  
Authorization Act of 1993,[1] and provides purchasers of contaminated  
former federal facilities transferred under the Act with  
indemnification from and against any "suit, claim, demand or action,  
liability, judgment, cost or other fee" arising out of any claim for  
personal injury or property damage resulting from the release or  
threatened release of any hazardous substance at a facility closed  
and transferred pursuant to the Act.

...

For the entire article, see
http://www.martenlaw.com/newsletter/20130226-voluntary-cleanup-right- 
of-indemnity

--

Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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