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1 1 (May 1, 2008)

handle is hein.crs/crsaiwx0001 and id is 1 raw text is: Order Code RS22149 Updated May 1, 2008 Exemptions from Environmental Law for the Department of Defense (DOD) David M. Bearden Specialist in Environmental Policy Resources, Science, and Industry Division Summary Whether broader exemptions from federal environmental laws are needed to preserve military readiness has been an issue. Questions have been raised as to whether environmental requirements have limited military training activities to the point that readiness would be compromised. The potential impacts of broader exemptions on environmental quality have raised additional questions. Although certain exemptions the Department of Defense (DOD) first requested in FY2003 have been enacted into law, Congress has opposed others. The 107'h Congress enacted an exemption from the Migratory Bird Treaty Act, and the 108'h Congress enacted exemptions from the Marine Mammal Protection Act and from designation of military lands as critical habitat under the Endangered Species Act, if certain conditions are satisfied. In Administration defense authorization proposals from FY2003 through FY2008, DOD also requested exemptions from the Clean Air Act, Solid Waste Disposal Act, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). To date, Congress has not enacted these three latter exemptions. Some Members have noted their concern about the potential impacts of these exemptions on human health and the environment. The Administration's FY2009 defense authorization bill (H.R. 5658 and S. 2787, introduced by request) does not include these exemptions. Introduction Over time, Congress has included exemptions in many federal environmental laws to ensure that requirements of those statutes would not restrict military training to the point that national security would be compromised. These exemptions provide authority for suspending compliance requirements for actions at federal facilities on a case-by-case basis. Some exemptions are specific to military installations, rather than all federal facilities. Most of the exemptions only can be granted by the President, rather than by the head of the department or agency that administers the activity in question. Further, most of the exemptions are authorized for activities that are in the paramount interest of the United States, whereas some are specifically for national security or national defense. None of the statutory authorities for these exemptions provide criteria for determining

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