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1 (March 12, 2007)

handle is hein.crs/crsmthabdii0001 and id is 1 raw text is: Order Code RS22149 Updated March 12, 2007 CRS Report for Congress Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress David M. Bearden Specialist in Environmental Policy Resources, Science, and Industry Division Summary Since FY2003, 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 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 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 the Administration's FY2008 defense authorization bill (S. 567), as introduced. 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. 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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