Law Commons^™

Cercla Cleanup 2017.12.21: Response From Navy, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Navy responding to Greenaction’s concerns with the ongoing cleanup provided in a letter to the Navy on August 22, 2017.

Hanford Nuclear Site: Remediating To A Standard Safe For All Or Some?, Dylane Jacobs

Seattle Journal of Environmental Law

The cleanup of the Hanford Nuclear Site is one of the largest cleanups undertaken in the U.S. and is governed by many Federal and State environmental statutes. While CERCLA and the later SARA amendments should require the U.S. Department of Energy to clean up the site to a level acceptable for Native American tribes, thus far they have failed to do so. The U.S. Department of Energy can, and should, act to be more effective at remedying the injustices and cleanup of Hanford to the level needed for the historical use of the land.

Cercla Cleanup 2017.08.22: Navy Not To Rely On Tetra Tech Data And Technical Grant, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Comment letter asking the Navy to investigate the impact of Tetra Tech’s fraud by retesting surface and subsurface soils, and by interviewing witnesses and other relevant individuals related to the known fraud to uncover further instances and root causes of the fraud.

Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti

Catholic University Law Review

Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA …

Nrc Petition To Revoke The License Of Tetra Tech Ec, Inc., Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Greenaction’s petition to the U.S. Nuclear Regulatory Commission to revoke Tetra Tech, EC, Inc.’s radiological materials license, dated June 28, 2017. A radiological materials license is required when a company or individual handles regulated radiological material. Based on testimony provided in attached declarations, the Petition provides evidence that Tetra Tech employees engaged in deliberate falsification of radiological remediation at the Shipyard. The Petition argues that Tetra Tech’s behavior violates NRC regulations and the only appropriate consequence is for the NRC to revoke its license.

Nrc Petition Exhibit N Declaration Of Robert Mclean, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Robert McLean in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit D Declaration Of Archie Jackson, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Archie Jackson in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit A – Declaration Of Elbert Bowers And Attachments, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Bert Bowers in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit E Declaration Of Arthur Jahr, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Art Jahr in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit C Declaration Of Susan Andrews, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Susan Andrews in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit G Declaration Of Richard Stoney, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Richard Stoney in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit B Declaration Of Anthony Smith, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Anthony Smith in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Reading Remedially: What Does "King V. Burwell" Teach Us About Modern Statutory Interpretation, And Can It Help Solve The Problems Of Cercla § 113(H)?, Benjamin Raker

Vanderbilt Law Review

In the latter half of the twentieth century, Congress drafted a law to solve a problem. As decades passed, that problem became increasingly complex. In the new millennium, Congress became increasingly polarized, and increasingly unproductive. In the face of that inaction, the executive branch decided to rely on a provision of that earlier law to address a modern facet of that earlier problem. Or litigants decided to ask a court to rely on a provision of that earlier law to address a modern facet of that earlier problem. The Congress that drafted the law might not have understood this modern …

Going In Cerclas: The Evolution Of Arranger Liability And The Not-So-Useful Useful Product Doctrine, Martha Clarke

Northwestern University Law Review

Since the Supreme Court decision Burlington Northern & Santa Fe Railway Co. v. United States, courts have wrestled with what it means to be an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). One aspect of arranger liability that has undergone radical change in the past decade is the useful product doctrine, which allows a party to escape arranger liability by proving it was selling a useful product rather than arranging for disposal.

Prior to Burlington Northern, courts applied the useful product doctrine restrictively, only allowing parties selling virgin products to escape liability and imposing …

Eliminating Passive Disposal: Equalizing Liability Among Current And Prior Owners And Operators In The Comprehensive Environmental Response, Compensation, And Liability Act Of 1980, Joe Amadon

Utah Law Review

It seems clear, through the 1986 SARA, that Congress did not want innocent parties who conducted due diligence in inspecting the land to be liable under CERCLA. Thus, expanding CERCLA’s definition of disposal to attach liability to passive conduct is inconsistent with Congress’s intent. Therefore, in order to align enforcement of CERCLA with its dual purposes and Congress’s intent in enacting the Act, disposal should be interpreted to exclude passive migration of hazardous substances when the owner or operator knows nothing of the presence of the hazardous substance that is spreading.