Number: RS22149
Title: Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress
Authors: David M. Bearden, Resources, Science, and Industry Division 
Abstract: 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 107th Congress enacted an exemption from the Migratory Bird Treaty Act, and the 108th 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.
Pages: 6
Date: May 1, 2008