Exemptions from Environmental Law for the Department of Defense: An Overview of Congressional Action
Abstract
Several environmental statutes contain national security exemptions that the Department of Defense (DoD) can obtain on a case-by-case basis. Since FY2003, DoD has sought broader exemptions that it argues are needed to preserve training capabilities and ensure military readiness. There has been disagreement in Congress over the need for broader exemptions in the absence of data on the overall impact of environmental requirements on training and readiness. There also has been disagreement over the potential impacts of broader exemptions on environmental quality. After considerable debate, the 107th Congress enacted an exemption that DoD requested from the Migratory Bird Treaty Act, and the 108th Congress enacted exemptions from the Marine Mammal Protection Act and certain parts of the Endangered Species Act. These exemptions were contentious to some because of concerns about the weakening of protections for animals and plants. As in recent years, DoD has again requested exemptions from the Clean Air Act, the Solid Waste Disposal Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as part of its FY2007 defense authorization proposal. Concerns in Congress about human health and environmental risks have motivated opposition to these exemptions. To date, none of the FY2007 defense authorization (H.R. 5122 and S. 2766) or appropriations bills (H.R. 5385 and H.R. 5631) include these exemptions. This report will be updated as warranted.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jul 11, 2006
- Accession Number
- ADA462703
Entities
People
- David M. Bearden
Organizations
- Library of Congress