How to Make a Claim vs The US ARMY for Property Damages at FUDS sites

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The Department of Defense (DOD) is responsible for the environmental restoration of properties that were formerly owned by, leased to or otherwise possessed by the United States. Such properties are known as Formerly Used Defense Sites (FUDS). The Army is the executive agent for the program and the U.S. Army Corps of Engineers (USACE) manages and directs the FUDS program. The magnitude of the cleanup work required under the FUDS program is significant, with more than 9,900 properties identified for potential inclusion in the program. Accordingly, the USACE prioritizes the importance of each cleanup and cleanup properties on a “worst first” basis. Closed in the early 1960’s, the former Raritan Arsenal in Edison, New Jersey (Now Raritan Center) contains residual contamination from the Army that continues to contaminate the ground water underlying the Site. Although the USACE is ostensibly in charge of cleaning up the Site, improper management of the cleanup, a lack of funding, and the failure to cleanup the residual contamination in a timely manner has resulted in a number of owners and operators in the park incurring costs to try to accelerate the government’s cleanup and, in some cases, to cleanup the contamination on their own. These costs can potentially amount to millions of dollars in response costs and lost economic opportunities. Parties harmed in this manner have a viable claim for damages against the government using a number of legal remedies. Although the government is inclined to vigorously defend against these claims, patience and persistence can lead to a successful recovery from the government.