Atomic Energy Act (AEA) of (1946)
42 U.S.C. §2011 et seq.
Created a category of classified information known as “Restricted Data” (RD).
Feres v. United States, 340 U.S. 135 (1950)
Feres doctrine effectively bars service members from collecting damages from the United States Government for personal injuries experienced in the performance of their duties. It also bars families of service members from filing wrongful death or loss of consortium actions when a service member is killed or injured. The bar does not extend to killed or injured family members, so a spouse or child may still sue the United States for tort claims, nor does it bar service members from filing either in loco parentis on their child’s behalf or filing for wrongful death or loss of consortium as a companion claim to a spouse or child’s suit.
There have been exceptions to the Feres doctrine where active duty members have been allowed to sue for injuries when the court found that civilians could have been harmed in the same manner under the same circumstances in which the service member’s injuries occurred.
Atomic Energy Act (AEA) of 1954 (PL 83-703)
The Atomic Energy Act of 1954 recognized the need to make certain atomic energy information more accessible to the United States military. It provided for the transfer of information primarily dealing with the military utilization of atomic weapons from the RD category to another category of classified information. This category of information became known as “Formerly Restricted Data.” Although the word “formerly” implies the information may no longer be classified, it should be noted that Formerly Restricted Data remains classified. DOE and the Department of Defense have joint responsibility for “Formerly Restricted Data” (FRD).
National Environmental Policy Act (NEPA)
42 U.S.C. §4321 et seq. (1969)
Executive Order 11288 Signed: July 2, 1966
Prevention, control, and abatement of water pollution by Federal activities.
Clean Air Act
42 U.S.C. §7401 et seq. (1970)
Clean Water Act
33 U.S.C. §1251 et seq. (1972)
Endangered Species Act (ESA)
16 U.S.C. §1531 et seq. (1973)
Toxic Substances Control Act
15 U.S.C. §2601 et seq. (1976)
Resource Conservation and Recovery Act (RCRA)
42 U.S.C. §6901 et seq. (1976)
Comprehensive Environmental Response, Compensation, and Liability Act – (CERCLA) or Superfund
42 U.S.C. §9601 et seq. (1980)
Superfund Amendments and Reauthorization Act (SARA)
Emergency Planning & Community Right-to-Know Act – (EPCRA)
42 U.S.C. 11001-11050 (1986)
(21 September 1990)
Page 43, 23. RELEASE OF RECORDS
23.1 The Parties may request of one another access to or a copy of any record or document relating to this Agreement or the IRP [Installation Restoration Program]. If the Party that is the subject of the request (the originating Party) has the record or document, that Party shall provide access to or a copy of the record or document; provided, however, that no access to or copies of records or documents need be provided if they are subject to claims of attorney-client privilege, attorney work product, deliberative process, enforcement confidentiality, or properly classified for national security under law or executive order.
Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
59 FR 7629 (16 February 1994)
Executive Order 12958 – Classified National Security Information
17 April 1995 – Allows you to request declassification of classified record
Executive Order 13045 – Protection of Children From Environmental Health Risks and Safety Risks
62 FR 19883 (23 April 1997)