Download or read book Environmental Liability of Government Contractors written by Rami S. Hanash and published by . This book was released on 1992 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of Certain Governmental Contractor Liability Proposals on Environmental Laws written by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund and Waste Management and published by . This book was released on 2008 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Environmental Liabilities of Government Contractors Agencies written by and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confronting Environmental Liabilities as a Government Contractor written by Michael T. Janik and published by . This book was released on 1997 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Department of Defense Remedial Action Contractor Liability and Indemnification written by United States. Congress. House. Committee on Armed Services. Environmental Restoration Panel and published by . This book was released on 1992 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Cleanup Under Public Law 85 804 written by Patrick Edward Tolan and published by . This book was released on 2002-08-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the events of September 11, 2001, President Bush pledged, "Whatever it costs to defend our country, we will pay it." Not since the bombing of Pearl Harbor, has America been so shocked and surprised by the hostile acts of others. Then, as now, emergency spending to mobilize the industrial base and apply America's industrial strength to the war effort were seen as the key to victory. When American soil is attacked, the urgency of fueling the American war machine becomes paramount. Congress passed the First War Powers Act just eleven days after the Japanese bombed Pearl Harbor. The Act gave the President broad powers in times of war to circumvent nearly all of the constraints of government contracting. It "provided a virtually complete emancipation from peacetime procedural limitations on contracting. Congress renewed these extraordinary contractual powers during the Korean War and ultimately passed Public Law 85-804 HEREINAFTER ALSO REFERRED TO AS 85-804 as permanent legislation. 85-804 continues to allow extraordinary relief to government contractors to facilitate the national defense. Many contractors face liability for waste generated (in whole or substantial part) while performing government contracts. Nationwide cleanup for past environmental sins is expected to cost hundreds of billions of dollars. Therefore, it is no surprise that government contractors have sought 85-804 relief for environmental liabilities.
Download or read book Contractor Recovery for Current Environmental Cleanup Costs Under World War 2 Era Government Contract Indentification Clauses written by Randall J. Bunn and published by . This book was released on 1997-01-01 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis discusses the bases for liability for environmental damage, reviewing sources of liability under both Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and environmental tort law. It also examines the theory under CERCLA which has been successfully used in one case to hold the United States liable under World War 2-era military procurement contracts. In that case the government was determined to be a responsible party as an 'owner, operator, or arranger' under CERCLA. The purpose of this discussion is to show, by way of contrast, how the theory differs from the theory of identification which is set forth. To illustrate the environmental liability issues, the thesis presents two actual cases involving CERCLA sites formerly used to perform World War 2-era contracts and currently being cleaned up under CERCLA. In addition, the potential barriers against recovery are described. The key barriers include the Anti-Deficiency Act, the problems with reimbursement of costs under the contract, and the issue of finality and release upon contract settlement. The thesis concludes with an overall assessment of the theory and its potential as a successful method of shifting liability for current environmental cleanup costs.
Download or read book Environmental Cleanup written by United States. General Accounting Office and published by . This book was released on 1994 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Liabilities and Government Contracts in the New World Order written by American Bar Association. Section of Public Contract Law and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Inadequacy of Existing Far Provisions to Ensure Contractor Environmental Compliance written by Edward Bryan MacDonald and published by . This book was released on 1997 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis focuses on situations where the obligation is on the contractor, and examines the existing FAR provisions and clauses to explore whether they are adequate to ensure government contractor compliance with environmental laws. For example, the contract clause at FAR 52.223-2, Clean Air and Water, mandatory in contracts expected to exceed $100,000, requires the contractor to agree, among other things, to comply with certain specified sections of the Clean Water Act and Clean Air Act; and to use best efforts to comply with clean air standards and clean water standards at the facility where the contract will be performed. One issue this thesis will examine is whether this clause is sufficiently broad, or should be expanded to require compliance with other environmental laws. Chapter 1 examines FAR part 23, which deals directly with environmental compliance responsibilities. Chapter 2 explores contractor liability under the False Claims Act for false certifications by a contractor that it fully complied with either the contract requirements or all laws and regulations. The remainder of the thesis will examine other FAR provisions and clauses which can be used to ensure contractor environmental compliance, or to deter noncompliance. Chapter 3 looks at suspension, debarment, and EPA Listing as tools to ensure compliance. Chapter 4 examines a number of miscellaneous contract provisions and clauses having relevance in the environmental compliance arena. Finally, chapter 5 sets out the shortcomings of the FAR identified by this author, and proposes a number of suggested changes to the FAR, designed to clarify the environmental compliance obligations of contractors performing federal government contracts.
Download or read book Report to Congress on the Indemnification of Contractors Performing Environmental Restoration Appendices written by and published by . This book was released on 1994 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estimates of the costs of cleaning up federal facilities are necessarily imprecise. Federal agencies have not yet identified all contaminated facilities or characterized the extent of contamination. Moreover, remediation costs vary greatly depending on the technology employed and the cleanup standard. If regulatory policies require that destructive technologies are used to meet pristine cleanup levels, remediation costs will be far greater than if containment technologies are used to mitigate gross public health threats. By any estimation, however, the costs of cleaning up contaminated federal facilities will be immense. One major concern of potential participants in federal facility cleanups, however, is their liability for environmental damages arising during the course of work. Traditionally, companies relied on commercial liability insurance to offset contingent liabilities, including environmental harms. Insurance costs, in turn, were typically reimbursed under government contracts. During the 1980's, however, commercial insurance for pollution damage became prohibitively expensive -- where it was available at all. In response to contractor concerns about liability and warnings that qualified, solvent contractors would not bid on contracts that carried the potential for significant uninsured losses, federal agencies and Congress developed several mechanisms to reduce, if not eliminate, the risks faced by government contractors.
Download or read book New Environmental Issues Liabilities of Government Agencies Government Contractors written by and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defense Department Reimbursement of Contractors Environmental Cleanup Costs written by United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee and published by . This book was released on 1993 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How the Government is Regulating Itself Into Third Party Liability for Environmental Harms Caused by the Government s Independent Contractors written by Duncan Butts and published by . This book was released on 1994 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Department of Defense Remedial Action Contractor Liability and Indemnification written by United States. Congress. House. Committee on Armed Services. Environmental Restoration Panel and published by . This book was released on 1992 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sharing the Burden written by Kenneth Michael Theurer and published by . This book was released on 2000 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Protection Agency Acquisition Regulation written by United States. Environmental Protection Agency and published by . This book was released on 1985 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt:
