Exemptions for Military Activities in Federal Environmental Laws (CRS Report for Congress)
| Release Date |
Revised June 18, 2002 |
| Report Number |
RS21217 |
| Report Type |
Report |
| Authors |
Robert Meltz, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Under several federal pollution-control statutes, activities of the U.S. military are subject to
federal,
state, and local environmental requirements, both substantive and procedural, along with activities
of federal agencies generally. Each of these statutes. however, authorizes the President to grant
exemptions (generally, up to one year and extendable by one year at a time) when he determines it
to be in the "paramount interest" or "national security interest" of the United States. In addition, the
Clean Air Act and Clean Water Act provide the President with further exemption authority for
property of the military of a "uniquely military" nature.
Among other federal environmental statutes relevant to military operations, the National
Environmental Policy Act has been construed to contain no general exemption for federal actions
in the interest of national defense or security, but such purposes may affect the judicial remedy and
the need for public disclosure of the environmental impact statement. Also, Council on
Environmental Quality regulations relax NEPA requirements for "emergency circumstances." Under
the Endangered Species Act, exemptions from the Act's species protections are authorized by
opinion of the appropriate Secretary and by action of an "Endangered Species Committee." That
Committee must grant an exemption if the Secretary of Defense finds it necessary for reasons of
national security.
