Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress

Abstract

Since FY2003, the Department of Defense (DoD) has sought broader exemptions from environmental laws that it argues are needed to preserve training flexibility 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 readiness. There also has been disagreement over the impacts that broader exemptions would have on environmental quality. Although Congress has enacted certain exemptions DoD requested, it has opposed others. After considerable debate, the 107th Congress enacted an exemption 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 since FY2003, DoD again has requested exemptions from the Clean Air Act, Solid Waste Disposal Act, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These exemptions are included in S. 567, as introduced, but are not included in H.R. 1585, as reported by the House Armed Services Committee. Although DoD asserts that these exemptions are needed to maintain military readiness, concerns about potential impacts on human health and the environment have motivated opposition to them.

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Document Details

Document Type
Technical Report
Publication Date
May 15, 2007
Accession Number
ADA472908

Entities

People

  • David M. Bearden

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Biomedical

DTIC Thesaurus Topics

  • Congress
  • Department Of Defense
  • Endangered Species
  • Environment
  • Environmental Law
  • Environmental Protection
  • Governments
  • Habitats
  • Health
  • Law
  • Marine Mammals
  • Military Operations
  • Military Training
  • National Security
  • Natural Resources
  • Security
  • Solid Waste

Readers

  • Government and Public Administration Law.
  • Wetland-Land-Environmental Management.