Environmental Remediation Contracting Summary of a Symposium (1994) / Chapter Skim
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REVIEW OF APPLICABLE STATUTES, REGULATIONS, AND COURT DECISIONS REGARDING the RESPONSIBILITIES AND LIABILITIES OF FEDERAL AGENCIES AND FEDERAL EMPLOYEES
REVIEW OF APPLICABLE STATUTES, REGULATIONS, AND COURT DECISIONS REGARDING the RESPONSIBILITIES AND LIABILITIES OF FEDERAL AGENCIES AND FEDERAL EMPLOYEES
Pages 6-11
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From page 6... ...
or (2~. A person can be held liable if: He exercises direct operations control over activities that resulted in the release of hazardous substances (even though he has no overall control over the facility)
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From page 7... ...
· Government-owned equipment leased to the contractor at a Go-Co B Operator: · Exercise of operational authority under procurement contracts · Regulatory authority under Defense Production Act or Second War Powers Act i.e., authority to order a contractor to perform a rated contract, to impose production requirements and control output and supply of raw materials.
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From page 8... ...
Liability of Government's RA Contractor Probably limits liability if the remediation contractor is the government (i.e., Army Corps of Engineers) and the site is previously owned Unclear whether limits liability if the remediation contractor is also the federal PRP, i.e., the Army Corps of Engineers cleaning up a government owned site Liability of Federal PRP-CERCLA does not limit liability of federal PRP if liability otherwise arises if: 8
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From page 9... ...
(1~. Because the limited waiver of sovereign immunity only subjects the United States to liability "in the same manner and to the same extent" as private parties, the United States cannot be liable for undertaking activities which could not be performed by a private party or for which no private sector analog exists.
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From page 10... ...
B State's Right to Exercise Delegated RCRA Authority: · The Eighth Circuit recently held that states with approved RCRA programs can bring enforcement actions against federal agencies to compel compliance u ith state hazardous waste management requirements even though the agency is undertaking a CERCLA action and the site is listed on the NPL.
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From page 11... ...
The United States sought a declaratory judgement that CERCLA section 113(h) barred the state from enforcing the order.
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