Non-BRAC Base Brownfield Redevelopment
Military base redevelopment can have substantial environmental challenges including brownfield sites with a variety of environmental risks. We combine expertise in construction, environmental law, contracting, and financing (including municipal) to bring about creative solutions to some of the complex environmental issues hindering redevelopment of property.
Representative Engagements
Air Force Installations
- Tucson Modification Center ( adjacent to Tucson International Airport) - Negotiated federal government payment for cleanup of groundwater contamination arising out of World War II activities.
- South Albuquerque Works - Negotiated payment by the Department of Energy of all costs for groundwater cleanup arising out of manufacture of bomb casings for nuclear weapons.
- Defense of operator of Air Force Plant No. 4 in Clean Air Act enforcement action. Plant operator filed a counterclaim against the United States. After a ruling by the court holding that the plant operator could only be penalized if it failed to install emission controls for which the United States had provided funding, the case settled. The settlement provided that the plant operator would pay the Environmental Protection Agency and that the Air Force would pay the plant operator, but that no money would change hands.
- Representation of former operator of site leased by the United States during World War II and provided to the contractor to perform aircraft modifications. Cases include state court class action for personal injury, property damage and medical monitoring, federal court tort actions for personal injury and medical monitoring, and CERCLA actions seeking contribution from the United States.
- Provided counseling to various clients acquiring Air Force-owned industrial facilities and negotiated certain aspects of the acquisitions, including indemnity arrangements for current and future environmental and tort liabilities.
- Prepared request for reimbursement of environmental remediation costs arising out of off-site disposal of wastes from an Air Force-owned industrial facility.
- Provide counseling to companies preparing to bid on contracts to be performed at Air Force-owned facilities.
Army Installations
- Tarheel Army Missile Plant - negotiated three way agreement among state regulator, federal agency owner of the facility, and former operator to ensure the federal government paid for the cleanup and the facility was converted to commercial use.
- Negotiated indemnity arrangement under Public Law 85-804 for all operators of Army Ammunition Plants.
- Provide counseling to various operators of Army Ammunition Plants regarding their rights and obligations under their contracts as they departed after decades of facility operation.
- Provide counseling to companies discontinuing operations at Army Ammunition Plants to assist them in avoiding tort and environmental liabilities and liability for pension and retirement benefits.
- Negotiated multi-party settlement among the Army as owner of the facility, a confidential client that was a former operator, and the state regulator in the context of termination of a caretaker contract and ongoing remediation.
Navy Installations
- Allegany Ballistics Laboratory - Defended against a federal government effort to force a former facility operator to pay for a portion of cleanup costs.
- Defended Hercules Incorporated in a threatened CERCLA action in which the Navy sought $90 million in cleanup costs from a former operator of a Navy weapons facility.
- Currently representing former operators of the McGregor Naval Weapons Industrial Reserve Plant in a CERCLA action threatened by the Navy to recover more than $50 million in cleanup costs.
- Reviewed operations of contractor at Navy facility and provided guidance on both compliance with federal and state environmental laws and structure of environmental management systems.
- Provide counseling to contractors at Navy facilities on avoiding environmental liability and the costs of environmental compliance.