Military Seeks Environmental Law Waivers
By Jim Skeen
Military seeks environmental law waivers
By Jim Skeen, Staff Writer
EDWARDS AIR FORCE BASE -- Pentagon officials are seeking exemptions in six landmark environmental laws that they say inhibit training and testing missions.
Defense Department spokesman Glenn Flood said military officials want what they consider a common-sense approach to the laws -- including the Endangered Species Act, the Clean Air Act and laws protecting migratory birds, whales and seals -- that will give them flexibility to do their missions.
"We are eyeing the new Congress with our proposal, and we hope it will be received in a positive way," Flood said. "We are asking this for our readiness missions. This (is) not something we are asking for across the board. It's not for every base."
Environmental and conservation groups contend that the military already has the flexibility to do its job and that there is no evidence that protecting the environment is hurting preparedness.
For example, the secretary of defense already has authority to exempt any activity from the Endangered Species Act, conservationists said.
"There is a bigger push by the Bush administration to dismantle environmental laws," said Daniel Patterson of the Center for Biological Diversity, which in the past has sued government agencies to stiffen enforcement of environmental laws. "They want to get their foot in the door. If we exempt the Defense Department, why not exempt other agencies?"
The Pentagon made a similar push in Congress last year and was largely defeated, Patterson said. Allowing that the Senate membership has changed in favor of the Republican party, Patterson believes the proposals will be fought again.
"There are members of the president's own party who think this is not the way to go," Patterson said. "This is an over-the-top proposal, and it will be rejected."
In a memo to the secretaries and chiefs of staff of the various military branches, a Pentagon readiness oversight council laid out its strategy for approaching Congress to get changes in the laws.
Five of the six proposed changes might affect Edwards Air Force Base, and others could affect other Southern California installations such as the Naval Base Ventura County and ocean-testing ranges.
Edwards spokesman Gary Hatch said there would be no comment from the base on pending legislation. Navy officials knowledgeable about the situation could not be reached for comment.
In the memo, Pentagon officials say they want permission for activities that cause "insignificant behavioral changes" on whales and seals, which military officials fear could be labeled illegal "harassment" of wildlife under the Marine Mammal Protection Act.
For example, U.S. Navy officials last year had to get permission to launch unarmed target missiles off the California coast from San Nicolas Island, where seals gather on the shore. The Navy got permission only after the National Marine Fisheries Service answered objections to its conclusion that noise making a seal blink its eyes, turn its head or crawl a few feet along a beach was not harassment.
The Pentagon also plans to ask that the Endangered Species Act be amended to allow the Defense Department to use integrated natural resource management plans to protect creatures, rather than maintain critical habitat areas. That change would prevent the fragmentation of testing and training areas, military officials say.
The Pentagon wants the Resource Conservation and Recovery Act amended to clarify that munitions are not solid wastes. That would allow continued use of ranges and prevent use of that law to shut them down.
In addition, after gaining a limited-duration exemption under the Migratory Bird Treaty Act for military training and testing in the 2002 Defense Authorization Bill, the Pentagon will seek a full exemption.
The memo states if the exemption is granted, the Defense Department would continue to study the impacts of missions on migratory birds and would continue to take protective action.
The Pentagon is seeking exclude live-fire training and testing from the Comprehensive Environmental Response, Compensation and Liability Act. The law would still apply to closed ranges and areas away from ranges.
Pentagon officials also want the Clean Air Act amended to give the military five years to bring its emissions into compliance with state regulations. That would give the Defense Department more flexibility for fielding and basing weapons and aircraft.
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