[CPEO-IRF] [Fwd: Re: Hangar 1 EE/CA]

[Lenny Siegel <lsiegel@cpeo.org>]

Today the Navy announced plans to revise the Engineering Evaluation/Cost 
Analysis for Site 29 (Hangar One) at the former Moffett Naval Air 
Station, here in California. Activists in my community see this as a 
partial victory in our effort to see that the enormous Hangar is 
restored after toxic substances are removed. Below is the Navy's brief 
announcement as well as my reply.

Lenny Siegel

***




Rick,

Thanks for the announcement of the Navy's plans to revise the Site 29
EE/CA. It is gratifying to know that the Navy is listening.

Once again, however, I request that the Navy address Hangar One as a
Remedial Action, rather than a Removal Action. In researching legal
precedents for judicial review of CERCLA decisions - particularly the
Fort Ord case - I learned that the mere designation of the response as a
Removal Action may make it more difficult for community members to
challenge in court a decision to demolish Hangar One.

I sincerely doubt that this is the reason the Navy has chosen the
Removal Action route. Nevertheless, unless the Navy makes clear that its
decision for site 29 may be subject to a legal challenge, it will appear
that it is trying to eliminate a legal right. Remember, by its scale,
complexity, and duration, the response at Hangar One is rightfully a
Remedial Action.

Of course, if the Navy simply decides to preserve the Hangar, I doubt
that anyone in our community will seek to challenge that result in court.

Lenny Siegel


Weissenborn, Richard C CIV OASN (I&E) BRAC PMO West wrote:
> The Navy has decided to issue a revised EE/CA for Hangar One (Site 29) 
> at Moffett Field and seek additional public comment.  This decision to 
> revise the EE/CA is based on concerns expressed by the public in review 
> of the EE/CA published on May 5, 2006, new information received by the 
> Navy in response to those concerns, and new information received in 
> response to requests for proposals for performance of the Removal Action 
> work.  A schedule for the submittal of the Revised EE/CA is currently 
> under preparation.


--


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org




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