Long‐term leases and the reuse of base closure property—The reaction of the courts and congress

Abstract

AbstractThe expeditious transfer and reuse of contaminated parcels of base closure property has been complicated by the requirements of Section 120(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) that all remediation be completed or that a remedy be in place and working. Long‐term leases have been used by the Department of Defense (DOD) in recent years to facilitate community reuse efforts. This article examines the basis for legal challenges that DOD's use of long‐term leases violates CERCLA, the requirements of the National Environmental Policy Act (NEPA), and Congress's response to recent court decisions. It Concludes that the enactment of Sections 2833 and 2834 of the National Defense Authorization Act provide a reasonable basis for the continuation of DOD's use of long‐term leases and demonstrates Congress's continued willingness to provide selective relief to facilitate and expedite community plans for the economic reuse of base closure property.