bluuebunny/crossref_metadata_2025_split huggingface dataset:
Thoughts concerning indemnification in government contracts
Authors: Tracey Stanley E. 
Published: February 2007

AbstractThis article addresses the subject of indemnification provisions found in “old” (pre‐CERCLA) government contracts. Government facilities and their lawyers are increasingly being presented with ancient contract documents containing indemnification provisions that purport to shift the responsibility for paying for CERCLA or CERCLA‐like response actions from the contractor to the government. While the government should honor indemnification provisions where appropriate, it is unclear that these general provisions were intended to address environmental liabilities comprehended by CERCLA. The article points out a number of issues which should be considered, in the opinion of the author, before a government lawyer agrees that indemnification is proper. The article concludes that these old indemnification provisions must be reviewed in context and with full consideration of all arguments for and against their application.
ISO 14000 and the CEMP: Either, neither, or both for federal agencies?
Authors: Rebecca Patton E. 
Published: February 2007

AbstractStrategies for successfully managing environmental programs have been evolving during the last decade. As environmental programs have matured, the management strategies have moved from a regulation‐based, compliance‐driven, command‐and‐control basis to an environmental stewardship process heavily dependent on voluntary participation. This shift is viewed by many organizations as a benchmark for measuring the success of their environmental programs, and has led more than one group to develop standards that address what a “good” environmental management program ought to aspire to.The International Organization for Standardization (ISO), a worldwide federation of roughly 90 standards‐setting bodies, forms technical committees (TCs) to develop international standards designed to facilitate trade. They chartered TC207 in 1993 to develop the ISO 14000 series of environmental management standards. ISO 14000 gained final approval in late 1996. In the United States, the Environmental Protection Agency (EPA) was tasked in Executive Order 12856 of August 1993 with establishing a Federal Government Environmental Challenge Program, designed to recognize and reward outstanding environmental management performance in federal agencies and facilities. This is similar to the Environmental Leadership program proposed earlier in 1993 by EPA's Office of Enforcement. The program consists of three components which challenge federal agencies to:• Agree to a Code of Environmental Management Principles (CEMP);• Submit applications to EPA to recognize individual federal facilities as “Model Installations”;• Encourage individual federal employees to demonstrate outstanding leadership in pollution prevention.This article compares the ISO 1400 series standard with the CEMP and looks at how each answers three major questions facing federal agency environmental managers:1. Will the standards help the agency maintain compliance with regulations?2. What effects, if any, will implementing the standards have on operations?3. Will the costs associated with implementation justify the benefits?
Natural resource damage assessment and restoration: The outlook for federal facilities
Authors: Deason Jonathan P. , Taylor Willie R. 
Published: February 2007

AbstractThe Comprehensive Environmental Response, Compensation and Liability Act, the Clean Water Act, and the Oil Pollution Act make parties responsible for oil or hazardous substance discharges liable for injuries to natural resources. Such liabilities are in addition to those associated with response activities designed to protect human health. Certain federal agencies, state governments, and Indian tribal authorities have been designated as natural resource trustees and charged with implementing the natural resource trust provisions of these acts. In recent years, these trustee organizations have become increasingly active in carrying out their responsibilities as several impediments to enforcement have been overcome and funding has increased. These Natural Resource Damage Assessment and Restoration (NRDAR) activities are expected to continue to expand in future years. Consequently, it is becoming increasingly important for environmental professionals involved with federal facilities to become familiar with NRDAR responsibilities, regulations, and programs.
Managing compliance and risk on military testing and training ranges
Authors: Martino Louis , Jiang Zhenhua , Hensley James , Barisas Susan 
Published: February 2007

AbstractThe downsizing of the U.S. Department of Defense (DOD) and the closure of military installations have resulted in attempts to end DOD control of large tracts of military testing and training ranges. In some cases, potential risks associated with unexploded ordnance and ordnance‐related contaminants have hampered base closure and the transfer of DOD‐controlled property. Such potential risks at both closing and active military installations have resulted in the promulgation of DOD directives and regulations by both the Department of Defense Explosives Safety Board and the U.S. Environmental Protection Agency. Furthermore, a DOD‐authored regulation addressing risks to human health and the environment on closed and transferred military ranges, the Military Range Rule, is expected in the near future. This article describes the basic regulatory framework that is driving and will drive operations at active and closed military ranges. It also describes one strategy that can be used to manage compliance and risk on military testing and training ranges. The strategy involves developing a multi‐phased information system that documents range‐related activities and provides for increasingly sophisticated data collection and analysis techniques. In Phase I, the information system is assembled using existing information sources. In Phase II, the information collected in Phase I is used to populate a database is linked to maps by means of a Geographic Information System.
Measuring and reporting environmental progress: How the government performance and results act figures in
Authors: Rebecca Patton E. 
Published: February 2007

AbstractMeasuring and reporting progress toward environmental goals has presented a challenge to federal agencies for many years. There has always been pressure to identify successes in order to validate budgetary execution and justify future funding requirements. However, the advent of the National Performance Review has raised the level of public awareness that federal agencies must be not only accountable for the programs they administer, but also successful in administration. In short, the public wants to see that the government not only knows what it is doing, but is doing it well and accomplishing what was intended.This article explores how the federal agencies are measuring environmental progress, where it is reported, and how the requirements of the Government Performance and Results Act (GPRA) figure in. While the major focus is on Defense, other agencies considered are Commerce, Treasury, Transportation, Agriculture, and Interior.
The clean air act section 112(r) risk management plans: Compliance requirements and alternatives
Authors: Reed David 
Published: February 2007

AbstractSection 112(r) of the Clean Air Act Amendments of 1990 included significant compliance provisions for facilities to manage chemical process risk. The regulation promulgated by EPA, commonly referred to as the “Risk Management Plan” rule, will require a substantial fiscal, experiential, and human resource investment for installations that are required to comply. Primarily, most military installations that have to comply will do so for water disinfection or propane storage. In addition to regulatory liability, Section 112(r) rules also have a significant public affairs and facility security aspect. This article reviews the regulation to point out compliance challenges and presents methods for reducing or eliminating the need to be subject to the rule by employing safer, smarter business practices.
Can excavation contractors dig their way out of Kaiser aluminum's liability pit?
Authors: Sprunk Richard J. 
Published: February 2007

AbstractThe U.S. Court of Appeals for the 9th Circuit's decision in Kaiser Aluminum & Chem. Corp. versus Catellus Dev. Corp. held that an excavation contractor who unknowingly spreads contaminated soil over clean areas of a work site can be held liable for the environmental damage and cleanup costs under the provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Subsequent cases have extended the reach of the Kaiser decision, making excavation contractors and even Response Action Contractors increasingly vulnerable to be sued as Potentially Responsible Parties (PRPs). This article briefly examines the case law, then proposes steps a contractor can take to shield itself from liability. If a contractor is nevertheless named a PRP, several defenses are proposed to limit the scope of liability.
Alternative procedures for resolving environmental disputes
Authors: Heath Jenifer S. 
Published: February 2007

AbstractMany disputes related to environmental issues are resolved through often antagonistic negotiations in a regulatory context or through litigation. These approaches are certainly the best choices for resolving certain disputes. However, just as no single remediation technology is the right fit for every site, so no single dispute resolution process is the best choice for every situation. Cost‐effective dispute resolution can have an impact on overall project costs. There is a range of dispute resolution alternatives (from collaborative decision making through mediation, arbitration, and litigation), each with its own benefits. The characteristics of disputes and relationships are key to selecting the “best” dispute resolution process for each situation. As the public becomes ever‐more cognizant of the Department of Defense's (DOD) environmental policies and actions, alternative dispute resolution (ADR) options have the potential to yield better relationships and more positive perceptions.
U.S. army environmental protection activities during operations joint endeavor, joint guard, and joint forge
Authors: Zettersten Garry C. , Dale Debra A. 
Published: February 2007

AbstractMeeting a need, the United States Army, Europe, (USAREUR) developed an environmental protection program that is unique and critical to the success of Operations Joint Endeavor, Joint Guard, and Joint Forge (OJE, OJG, & OJF). While it meets the needs of the soldiers on the ground, it also complies with international agreements and host nation laws. Bosnia‐Herzegovina's situation is very different from that of Hungary. Hungary has highly developed government structures that are capable of expressing and enforcing their laws. In Bosnia‐Herzegovina, so devastated by war, virtually all government activity is nonexistent. As of this writing, there are no environmental protection laws of the kind that Western democracies would recognize. The two most important environmental issues in Bosnia‐Herzegovina today are the establishment of public utilities services, such as water and wastewater treatment, and control of forest management. Lacking Army guidance for environmental protection during contingency operations and local host nation environmental laws, U.S. forces developed the Bosnia‐Herzegovina environmental protection program. It was established solely in accordance with our own best technical and business judgment to meet the U.S. forces' needs. Begun during the early stages of the Operation, the program has grown and matured. The U.S. Army commitment to environmental protection during operations outside the United States and in unregulated environments is demonstrated daily in the Balkans. The comprehensive program not only provides environmental protection, but also contributes to force protection and becomes a mission enabler.
Managing environmental information in the age of outsourcing
Authors: Perkins Scott , Whorton Mandy , Johnson Robert , Huttenga Andy , Patton Terri , Richmond Pamela , Williams Gus , Smith Karen P. 
Published: February 2007

AbstractOutsourcing requirements complicate environmental project management and information sharing at Department of Defense (DOD) facilities. The Web provides one way to alleviate these complications. This article presents three case studies detailing the way three DOD organizations–the Rocky Mountain Arsenal (RMA) in Colorado, the 611th Air Support Group (611 ASG) in Alaska, and Yuma Proving Ground (YPG) in Arizona–are managing complex data using Web‐based technology. To manage environmental information and to ensure that it meets compliance requirements more efficiently, RMA has developed a regulatory compliance and electronic document distribution system. The 61 1 ASG has developed a central database with a Web‐based interface that allows distributed management of its building information while also permitting installation contractors to update and use data through the Internet from their remote locations. A website has been designed for YPG that provides one‐s top‐shopping for all data needs pertinent to the facility's environmental restoration program. This interactive database‐drivenfiamework for a collabo‐ rative project support system allows seamless public, team, and distributed administrative access to relevant information and functions.
EPA versus DOD in dispute over EPA ability to fine federal agencies for UST violations
Authors: Cannizzo Jim 
Published: February 2007

AbstractThe U.S. Environmental Protection Agency (EPA) and the Department of Defense (DOD) are currently locked in a struggle over the ability of the EPA to fine federal agencies for underground storage tank (UST) violations. The issue is over punitive penalties by the EPA. No one disputes that the Solid Waste Disposal Act (SWDA) Subchapter IX federal facilities section provides for EPA or the states to otherwise regulate federal facilities' USTs. Every federal agency that EPA has assessed a fine against has acquiesced to EPA's initiative, except DOD. On April 16, 1999, DOD requested a legal opinion from the Department of Justice's Office of Legal Counsel (DOJ OLC) over this legal dispute. DOD argues that under a “sovereign immunity” or a “clear statement” analysis, the impotent federal facilities clause in SWDA Subchapter IX Section 6991f prevents EPA from imposing administrative penalties on federal agencies. Although the current political climate probably favors DOJ leaning towards a pro‐EPA decision, doing so would constitute too far of a stretch of the “clear statement” standard. Also, DOJ would have to overcome the difficult precedential hurdle created by a May 1999 EPA administrative law judge's (ALJ) decision in favor of DOD's position on the UST issue. Hence, this article predicts that DOJ will rule that EPA does not have authority for UST punitive penalties against federal agencies.
Using risk as a pollution prevention metric
Authors: Rice Dale A. 
Published: February 2007

AbstractA risk‐based approach to environmental metrics is proposed for use by federal facilities that incorporates not only the mass of chemicals involved, but also the characteristics of the chemicals, when evaluating process changes or comparing pollution prevention alternatives. A risk‐based approach developed by the U.S. Environmental Protection Agency (EPA) as the WAR (Waste Reduction) Algorithm can be used to generate a risk‐based metric for federal facilities. The WAR Algorithm can establish a relative potential risk baseline for a given industrial process or processes, and can serve as a useful tool to either forecast the reduction of potential risks for pollution prevention (P2) options or document the risk reduction achieved through alternatives already implemented in a P2 program.
The joint group on pollution prevention (JG‐PP): A business approach to pollution prevention
Authors: Meredith Debora , Dhar Nalni 
Published: February 2007

AbstractToday's competitive environment is driving both government and industry to bring “better, faster, cheaper, and cleaner” products to the market. Within the government, the Joint Group on Pollution Prevention Methodology (JG‐PPMET), a product of the Joint Group on Pollution Prevention (JG‐PP), is a standardized process accepted by Program Managers to mitigate future costs and risks. The JG‐PP is a partnership between various government organization and assists stakeholders in validating and implementing cleaner and cheaper processes at military and industrial facilities. To date, JG‐PP has used the JG‐PPMET on 20 projects across the Department of Defense (DOD) and the National Aeronautics and Space Administration (NASA). These initiatives, often involving multiple government and industry partners, will result in over $37 million in cost savings and cost avoidance and $78 million avoidance in duplication of effort.
Should EPA's practice of “overfiling” continue?
Authors: Yamada Gerald H. 
Published: February 2007

AbstractThis article evaluates the Environmental Protection Agency's (EPA's) practice of “overfiling” state enforcement actions. The foundation for “authorized” state environmental programs is to administer and enforce those programs under a federal‐state partnership. “Authorized” states should have discretion and flexibility in permit and enforcement decisions. “Overfiling” as a form of EPA enforcement oversight of a state's exercise of discretion erodes the trust upon which an effective federal‐state partnership depends. One U.S. Court of Appeals has found that EPA lacks the authority to “overfile” an “authorized” state's enforcement case.
Challenges to cleaning up formerly used defense sites in the twenty‐first century
Authors: Lubbert Robert F. , Chu T. Julian 
Published: February 2007

AbstractFormerly Used Defense Sites (FUDS) are properties that the Department of Defense (DOD) is responsible for cleaning up under the Defense Environmental Restoration Program. These properties were formerly owned by, leased by, possessed by, or otherwise under the jurisdiction of the Secretary of Defense or military components that predate DOD, but are no longer operated by DOD. The FUDS program has over 9,000 potential properties and an annual budget in fiscal year 2000 of $238 million. FUDS are located in all states and territories of the United States and have a direct impact on many citizens. The Army is the executive agent for the program and the U.S. Army Corps of Engineers manages and executes the program. Cleanup at FUDS is similar to that at active DOD facilities, but FUDS is a “different animal.” This is what makes the cleanup in the twenty‐first century challenging and complex. The article discusses the current and future external factors that affect the cleanup process at FUDS.
Adapting stream corridor restoration technology to training land rehabilitation and maintenance
Authors: Tuttle Ronald W. 
Published: February 2007

AbstractThe United States has more than 3.5 million miles of rivers and streams that, along with closely associated floodplain and upland areas, comprise corridors of great economic, social, cultural, and environmental value. These corridors support higher rates of biological productivity than almost any other landscape feature. They also contribute significantly to each military installation's unique character. Interest in restoring stream corridor ecosystems is expanding rapidly in the United States. With this in mind, 15 federal agencies formed the Federal Interagency Stream Restoration Working Group in 1995 to seek consensus on the fundamentals of modern approaches to stream restoration and to promote awareness and use of these methods throughout the nation. This unprecedented collaboration produced a comprehensive publication, entitled Stream Corridor Restoration: Principles, Processes, and Practices, which has begun to serve as a foundation of stream corridor restoration knowledge and practice nationwide. Attention to these aquatic and terrestrial ecosystems is a common theme of both Integrated Training Area Management (ITAM) program and stream corridor restoration. ITAM is the Army's strategy for focusing on sustained use of training and testing lands. Cross‐program innovation and field‐tested stream restoration methods can combine to provide greater sustainability for Department of Defense maneuver areas and ranges over both the short and long term.
Managing sustainable development within the national oceanic and atmospheric administration
Authors: Denno Bernie , Janisz Amelia 
Published: February 2007

AbstractThe definition of sustainable development is meeting the needs of the present without compromising the ability of future generations to meet their own needs. Components of sustainable development include economic profitability, environmental quality, and community well‐being. For federal agencies, sustainable development is critical to their mission. The National Oceanic and Atmospheric Administration (NOAA) has always embraced a linkage between economic and environmental goals. However, integration of these elements into its internal operations is a new concept.This article provides a general discussion of sustainable development principles and approaches to incorporating these principles internally, and specific sustainable development initiatives at NOAA. To meet the demands of NOAA's mission requirements—including sustainable development—and the many environmentally related Presidential Executive Orders, NOAA is developing an environmental, health, and safety management information system (MIS). One element of the MIS, the chemical inventory management system, used to track laboratory chemicals to ensure the safety of employees and protection of the environment, is described in more detail. Additional modules on elements such as Asbestos and Underground Storage Tanks are planned.
Dating the course of the lower red river in Louisiana: The archaeological evidence
Authors: Pearson Charles E. 
Published: February 2007

AbstractArchaeological data from the lower Red River in Louisiana indicate that the modern course of the river is 1200 years older than previously suggested. Geologists claim a diversion of Red River through Moncla Gap approximately 500 to 1000 years ago. Marksville period occupations dating prior to A.D. 200 are identified at archaeological sites adjacent to the river below Moncla Gap. The position of these sites on Red River levees demonstrate that they post‐date the river's occupancy of the area. Extensive Marksville and later prehistoric occupations in the Moncla Gap area are seen as a direct result of the development of riverine environments resulting from this diversion.