Lawyer: US has no obligation to clean-up base
A Bermuda lawyer yesterday insisted the US has no legal obligation to clean up the more than $60 million mess left behind on its former naval bases.
And William Cox -- a former senior partner in an Island legal firm -- said the terms of the original 1941 Second World War agreement made it clear that the US did not have any responsibility if it decided to quit Bermuda.
Mr. Cox said the bases-for-ships agreement mentioned termination of the agreement only once and left the US in the clear.
The 99-year agreement said: "The United States may at any time abandon any leased area or any part thereof, without thereby incurring any obligation...'' And Mr. Cox said: "It will be interesting to see whether or not the Bermuda Government can successfully persuade the United States government that it has a moral obligation voluntarily to accept responsibility for the clean-up of any alleged pollution left on the abandoned bases.'' He added: "By introducing morals into the issue, we are faced with the undeniable fact that the assets and benefits accruing to Bermuda from the presence of the bases outweigh the liabilities many hundredfold.'' But the preamble to the agreement said: "It is desired that this agreement shall be fulfilled in a spirit of good neighbourliness between the Government of the United Kingdom and the government of the United States of America and that details of its practical application shall be arranged by friendly co-operation.'' The US built and operated the civil air terminal for free until it pulled out of Bermuda in 1995. The US contributed up to $50 million a year to the local economy until then.
When it quit Bermuda, the US also claimed that it had left behind an estimated $140 million in "improvements'' which were dismissed by the then-UBP Government as mostly old buildings which were scheduled for demolition as part of the plan to redevelop the area.
Development and Opportunity Minister Terry Lister and Environment Minister Arthur Hodgson took over the lead roles in the effort to get the US to stump up when the PLP Government took office in 1998.
And they called in the UK Government -- responsible for the original bases deal with US politicians and Navy brass -- to negotiate on behalf of Bermuda in a bid to kick-start the compensation bid.
Mr. Lister did not return calls from The Royal Gazette and Mr. Hodgson could not be contacted for comment on Mr. Cox's claims.
MILITARY MIL