Government Owned-Contractor Operated Munitions Facilities: Are They Appropriate in the Age of Strict Environmental Compliance and Liability.

摘要

This thesis describes the government owned-contractor operated (GOCO) contractual arrangement used to operate the vast majority of the Army's munitions facilities, and examines the effects of federal and state environmental laws on those GOCO facilities. Currently, both the Army and its contractors operating the GOCO munitions facilities are under attack by federal and state regulators who seek to compel environmental cleanups or compliance with regulatory schemes. This thesis concludes that while the GOCO concept should be retained as a means of operating the Army's munitions facilities, contractual modifications are necessary to clearly delineate responsibility for environmental compliance and to allocate the risks associated with strict environmental compliance and liability. In addition, a mechanism must be devised to insure that Congress imposes environmental requirements on GOCO facilities only to the extent that adequate funding is provided to meet those requirements.