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1 (December 12, 2006)

handle is hein.crs/crsmthabdih0001 and id is 1 raw text is: Order Code RS22149 Updated December 12, 2006 CRS Report for Congress Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress David M. Bearden Analyst in Environmental Policy Resources, Science, and Industry Division Summary Several environmental statutes contain national security exemptions, which 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 from the Migratory Bird Treaty Act, and the 108'h 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 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 within Congress about human health and environmental risks motivated opposition to these exemptions. In response, the 109th Congress did not include these exemptions in FY2007 defense authorization legislation (H.R. 5122) or FY2007 defense appropriations legislation (H.R. 5631 and H.R. 5385). Introduction Over time, Congress has included exemptions in several environmental statutes to ensure that requirements of those statutes would not restrict military training needs to the extent that national security would be compromised. These exemptions provide authority for suspending compliance requirements for actions at federal facilities, including military installations, on a case-by-case basis. Most of these exemptions may be granted for activities that would be in the paramount interest of the United States, whereas others Congressional Research Service ' The Library of Congress Prepared for Members and Committees of Congress

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