BerkeleyLaw

BerkeleyLaw Library BerkeleyLaw Library

Disasters & the Law

UC Berkeley School of Law

17 entriesexpand all

+California Center for Environmental Law & Policy (CCELP), Disaster Law and the Legal Academy: Curriculum, Research and Law Reform (Report on a Workshop Held at U.C. Berkeley Law School, June 25, 2007) (September 2007) (PDF — 204K)

"The legal system ostensibly plays a central role in disaster prevention, response, and management. Attorneys, members of the judiciary, and decision-makers at every level of government must anticipate and respond to disasters in a coordinated manner. It is increasingly clear, however, that the law is woefully unprepared to handle disasters. A growing community of academics recognizes this problem, and is formulating solutions under the rubric of disaster law. This emerging legal academic field encompasses a wide-ranging, intra- and inter-disciplinary body of thought, research and dialogue which seeks to inform and improve disaster-related decision-making.

"On June 25th, 2007, eighteen law professors and legal practitioners who count disasters among their primary research interests, gathered at U.C. Berkeley Law School to chart disaster law's course for the immediate and long-term future. Appendix A, Workshop Participants and Agenda. Over the course of the day, participants highlighted a wide variety of important intellectual concerns and potential problem-solving strategies regarding disaster management.

"In a series of productive discussions, participants first addressed central normative issues of disaster law, including terminology and the role of the legal academy. The group then addressed four sub-areas of disaster law: international collaboration, social justice, compensation and insurance, and prevention and response. Participants' recommendations for action included the creation of an annual disaster law conference, the integration of disaster law into law teaching, and an increased internet presence.

"This white paper, a record of the milestone June 25th workshop, is intended as a tool for use by disaster law practitioners and academics in mapping the direction and future of the field."—Executive Summary.

+Center for Public Integrity, Katrina Watch

For fifteen months following Hurricane Katrina, The Center for Public Integrity highlighted the best coverage of Hurricane Katrina's aftermath and tracked government contracts awarded for cleanup and reconstruction. "The Katrina Watch project presents original reports by the Center for Public Integrity and an archive of links to information culled from media and government Web sites." -Center for Public Integrit, Katrina Watch

 

 

+DisasterAssistance.gov, DisasterAssistance.gov: Access to Help and Resources

"DisasterAssistance.gov provides information on how you might be able to get help from the U.S. Government before, during and after a disaster." — About Us.

+Gordon-Murnane, Laura, Government Contracts and Katrina (BNA's Web Watch) (February 2006)

The legal publisher BNA makes its Web Watch available for free. This posting includes links to federal government hearings and panels, as well as NGO publications. Despite the title of the posting, many of the resources cover issues beyond contract fraud.

+Issues in Legal Scholarship, Berkeley Electronic Press (bePress), Catastrophic Risks: Prevention, Compensation, and Recovery

"This symposium provides a forum for scholars to begin conceptualizing a new field of legal scholarship devoted to catastrophic risks. It is hard to think of anything equally important that has received so little sustained attention from lawyers and law professors. Hurricane Katrina involved over a thousand deaths and $100 billion in losses. There is no reason to consider Katrina the 'worst case scenario.' Yet, scholars have not yet systematically addressed the legal and policy issues posed by major disasters. Ultimately, the goal should be assembling the best portfolio of social policies, institutions, and legal rules to deal with catastrophic risks—a portfolio that includes prevention measures, mitigation incentives, emergency response strategies, liability rules, insurance, and reconstruction planning. In this symposium, papers by legal scholars and policy analysts will address these as well as other issues relating to this critically important subject."—Dan Farber, Editor, Introduction. Access to this bepress journal requires a subscription.

+Natural Hazards Review, Natural Hazards Review

"The Natural Hazards Review stands on the realization that natural disaster losses result from interactions between the physical world, the constructed environment, and the character of the societies and people who occupy them. The journal is dedicated to bringing together the physical, social, and behavioral sciences; engineering; and the regulatory and policy environments to provide a forum for cutting edge, holistic, and cross-disciplinary approaches to natural hazards loss and cost reduction.... Social and behavioral sciences topics addressed include a range of issues related to hazard mitigation and human response as well as significant issues related to the built environment such as land use, building standards, and the role of financial markets and insurance."—Aim and Scope.

+Shear, William B., Director, Financial Markets and Community Investment, United States Government Accountability Office (GAO), Small Business Administration: Response to the Gulf Coast Hurricanes Highlights Need for Enhanced Disaster Preparedness (Testimony Before the Committee on Small Business and Entrepreneurship, U.S. Senate, GAO-07-1124T) (July 25, 2007) (PDF — 184K)

"GAO identified several significant system and logistical challenges that SBA experienced in responding to the Gulf Coast hurricanes that undermined the agency's ability to provide timely disaster assistance to victims. For example, the limited capacity of SBA's automated loan processing system—the Disaster Credit Management System (DCMS)—restricted the number of staff who could access the system at any one time to process disaster loan applications. In addition, SBA staff who could access DCMS initially encountered multiple system outages and slow response times in completing loan processing tasks. SBA also faced challenges training and supervising the thousands of mostly temporary employees the agency hired to process loan applications and obtaining suitable office space for its expanded workforce. As of late May 2006, SBA processed disaster loan applications, on average, in about 74 days compared with its goal of within 21 days."—What GAO Found.

+State of California, Department of Water Resources, Flood Warnings: Responding to California's Flood Crisis (January 2005) (PDF — 1.4M)

"This Flood Management White Paper presents an overview of the current condition of flood management in the Central Valley and outlines a plan to reduce flood risks through an integrated approach for better planning, new investments, improved management of our infrastructure and closer collaboration between water agencies and users."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With the Louisiana Department of Health and Hospitals, Bureau of Minority Health Access (A-03-06-00531) (February 20, 2007) (PDF — 109K)

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to the Louisiana Department of Health and Hospitals, Bureau of Minority Health Access (Louisiana) to address the State's health and housing needs. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving Louisiana. PSC complied with the requirements."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With the Mississippi Department of Health, Office of Health Disparity Elimination (A-03-06-00536) (February 20, 2007) (PDF — 102K)

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to the Mississippi Department of Health, Office of Health Disparity Elimination (Mississippi) to address the State's health and housing needs. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving Mississippi. PSC complied with the requirements."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With the Nevada Hospital Association

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to the Nevada Hospital Association (the Association) to furnish a 100-patient mobile hospital unit for hurricane victims. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving the Association. PSC complied with the requirements."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With the Tennessee Department of Health, Office of Minority Health (PDF — 101K)

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to the Tennessee Department of Health, Office of Minority Health (Tennessee) to address the State's health and housing needs. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving Tennessee. PSC complied with the requirements."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With the Texas Department of State Health Services, Office for the Elimination of Health Disparities (PDF — 104K)

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to the Texas Department of State Health Services, Office for the Elimination of Health Disparities (Texas) to address the State's health and housing needs. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving Texas. PSC complied with the requirements."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With Doleac Electric Company, Inc.

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to Doleac Electric Company, Inc. (Doleac), to repair electrical lines on the site of a portable hospital unit that furnished emergency medical services to hurricane victims. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving Doleac. PSC complied with the requirements."—Executive Summary.

+United States Department of Health and Human Services (HHS), Office of Inspector General, Emergency Response to Hurricanes Katrina and Rita: Audit of Program Support Center's Award Process for a Contract With Pamela Gilyard Catering Services

"The audit is one of several reviews of procurements by the Program Support Center (PSC) and other components of the Department of Health and Human Services (HHS) in response to Hurricanes Katrina and Rita in 2005.

"The Federal Acquisition Regulation (FAR) and the Health and Human Services Acquisition Regulation (HHSAR) provide, among other things, that HHS agencies award each contract to a responsible party and document compliance with requirements for full and open competition and the determination that the price was fair and reasonable.

"As part of HHS's hurricane relief operations, PSC awarded a contract to Pamela Gilyard Catering Services (Gilyard Catering) to furnish meals for HHS staff engaged in hurricane relief efforts. Our objective was to determine whether PSC complied with FAR and HHSAR requirements during the award process involving Gilyard Catering. PSC complied with the requirements."—Executive Summary.

+United States Department of Homeland Security (DHS), Office of Inspector General, FEMA's Award of 36 Trailer Maintenance and Deactivation Contracts (OIG-07-36) (March 2007) (PDF — 925K)

"At the request of Senators Byron L. Dorgan and Mary L. Landrieu, we reviewed FEMA's award of 36 contracts worth $3.6 billion for the maintenance and deactivation of travel trailers and manufactured housing needed after Hurricanes Katrina and Rita....

"Overall, FEMA contracting officials treated bidders fairly during the bid process. However, to fully realize its goal of maximizing local participation, they should have established better criteria for determining whether a bidder was a local firm. They also should have analyzed prices more thoroughly before awarding the contracts to ensure that costs were reasonable.

"The Senators ask us to provide answers related to the following topics:

  • Destruction of bidding material
  • Information provided to bidders
  • Wide range of cost estimates among winning bidders
  • Qualifications of winning bidders
  • Public availability of winning bids and post-award meetings
  • Adequacy of services provided to travel trailer residents
  • Award of four $100 million contracts to a joint venture"

+United States Government Accountability Office (GAO), GAO Reports and Testimonies Related to Disaster Preparedness, Response and Reconstruction

Topics covered include charities; Coast Guard & seaports; energy supply; environment & natural resources; flood control; infrastructure; insurance; military's role, including National Guard & Reserves; preparedness; public health; response; and recovery.