Order Code RS22149
Updated May 15, 2007
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
th
Congress enacted
an exemption from the Migratory Bird Treaty Act, and the 108
th
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.
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
