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Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009)

In 2009, the Federal Circuit held in Cushman v. Shinseki that applicants for veterans‘ benefits have a constitutionally protected property interest in their application for benefits. Accordingly, such applicants are entitled to constitutionally prescribed procedures in connection with their claims for benefits under the terms of the Fifth Amendment to the United States Constitution. The Ninth Circuit also found that Mr. Cushman’s medical record had been [Read More…]

Primer On Federal Facility Compliance With Environmental Laws Where Do We Go From Here
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Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?

Look, Buster, don’t bug me with your crap about permits. I’m building nuclear weapons. Unfortunately, some of the worst [environmental] offenders are our own federal facilities. As President, I will insist that in the future federal agencies meet or exceed environmental standards: The government should live within the laws it imposes on others. Pollution caused by facilities owned or operated by various federal [Read More…]

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DoDs Opportunity To Clean Up Its Hazardous Waste Act

ABSTRACT: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 was enacted to address the serious problem of hazardous waste contamination in the United States. Although the program has achieved some success, it has failed to achieve its primary purpose – the permanent cleanup of inactive and abandoned hazardous waste sites. With the taxing authority of CERCLA set to expire on [Read More…]

Department of Defense Activities Related to Trichloroethylene, Perchlorate, and Other Emerging Contaminants
Documents

2007-07-12 GAO – Department of Defense Activities Related to Trichloroethylene, Perchlorate, and Other Emerging Contaminants

Two emerging contaminants–trichloroethylene (TCE) and perchlorate–are of particular concern to DOD because they have significant potential to impact people or DOD’s mission. TCE, a degreasing agent in metal cleaning which has been used widely in DOD industrial and maintenance processes, has been documented at low exposure levels to cause headaches and difficulty concentrating. High-level exposure may cause dizziness, headaches, nausea, unconsciousness, cancer, and possibly death. [Read More…]

Documents

1990-05-23 GAO – The Military Would Benefit From a Comprehensive Waste Disposal Program

Senator John Glen requested that the Government Accountability Office (GAO) examine the Nuclear Regulatory Commission’s oversight of the Department of Defense’s use, handling, and disposal of radioactive material. The GAO found that no comprehensive DOD waste disposal program exists, and none of the three services knows the full extent of its low-level radioactive waste disposal problems. As a result, DOD leaves itself open [Read More…]

Better Data Needed for Radioactively Contaminated Defense Sites - GAO
Documents

1994-08-24 GAO – Better Data Needed For Radioactively Contaminated Defense Sites

On December 22, 1992, Senator John Glenn requested that the General Accounting Office (GAO) investigate whether the Department of Defense (DOD) has accounted for all of its radiologically contaminated sites.  The GOA found that the DOD could NOT identify the location, isotopes, or amount of radioactive material disposed of at its bases.  1994-08-24 GAO – Better Data Needed For Radioactively Contaminated Defense Sites (PDF, [Read More…]

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Aerial Photographs

Aerial Photographs – George AFB

George AFB Aerial Photos Frank Vera – FOIA EPA – 09-FOI-00500-11 8/22/11 Doc Date Author / Auth. Org. Addressee / Addr. Org. Title / Subject Doc ID # 1/23/1953 Environmental Protection Agency – Environmental Monitoring Systems Laboratory Oversize aerial photos (4): George AFB, 19 x 19, b&w, 1 in = 1000 ft, w/overlays (AP case) 6/23/1959 Environmental Protection Agency – Environmental Monitoring Systems [Read More…]

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Lead-Based Paint (LBP)

The Air Force Law Review – Lead-Based Paint

[PDF] The Reporter, vol. 32 no. 2 – Air Force Judge Advocate www.afjag.af.mil/shared/media/document/AFD-090107-037.pdf Others will follow your lead. …… in this article is based upon the collective past work of the Air Force …… ments regarding lead-based paint, the Melina Bill in-. [PDF] The Reporter, vol. 33 no. 1 – Air Force Judge Advocate – U.S. … www.afjag.af.mil/shared/media/document/AFD-090107-038.pdf learned with I LEAD!, no [Read More…]

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Asbestos

The Air Force Law Review – Asbestos

[PDF]The Reporter, vol. 28 no. 2 – Air Force Judge Advocate www.afjag.af.mil/shared/media/document/AFD-090107-023.pdf Asbestos Information Requests From. Union May Herald Litigation. Over the course of the past year, the Air Force Cen- tral Labor Law Office has repeated the … — [PDF]The Reporter, vol. 35 no. 1 – Air Force Judge Advocate – U.S. … www.afjag.af.mil/shared/media/document/AFD-090114-047.pdf settlement of an asbestos-related enforcement action when an agreed [Read More…]

Aerial Photographic Analysis of George Air Force Base
Aerial Photographs

1990-02-xx EPA – Aerial Photographic Analysis of George AFB

This report identifies two, possibly 3, Weapons Storage Areas (WSA) at George AFB. The significance of these WSA has been outlined in the 8 May 2003 Air Force report, titled Buried Radioactive Weapons Maintenance Waste. EPA – Aerial Photographic Analysis of George Air Force Base – February 1990 – Large PDF