DOD v. ESA, et al.

• Pages: 40-41

40 ❖THE ENVIRONMENTAL FORUM

DOD v. ESA, et al.

year after 9/11 and with the war

on terrorism engaged, the Bush administration has proposed changes in

the Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal

Protection Act, Comprehensive Environmental Response, Compensation,

and Liability Act, Resource Conservation and Recovery Act, Clean Air Act,

Clean Water Act, and National Environmental Policy Act as those laws

apply to certain activities of the Department of Defense. DOD has bases,

training facilities, bombing ranges, depots, etc., throughout the states and

territories subject to these laws, and the administration maintains that, due

to the many restrictions imposed on military training and testing in recent

years as a result of these laws and other factors, such as urban sprawl,

training is losing its realism and effectiveness.

The administration’s proposed changes to the ESA would preclude the

designation of critical habitat for listed species on lands owned or con-

trolled by DOD under certain conditions, and would exempt “military

readiness activities” from the reach of the MBTA. The ESA and MBTA

changes were attached to the fiscal year 2003 DOD authorization bill that

passed the House last summer. At press time, the House measure was in

conference with the Senate DOD authorization bill, which does not have

the environmental exemptions. The changes to the other laws — for in-

stance, exemptions for munitions, explosives, and related constituents

under RCRA and CERCLA — are still at the proposal stage.

A