[20020618]RS21217_联邦环境法中的军事活动豁免.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21217Updated June 18, 2002Exemptions for Military Activities in FederalEnvironmental Laws name redactedLegislative AttorneyAmerican Law DivisionSummaryUnder several federal pollution-control statutes, activities of the U.S. military aresubject to federal, state, and local environmental requirements, both substantive andprocedural, along with activities of federal agencies generally. Each of these statutes.however, authorizes the President to grant exemptions (generally, up to one year andextendable by one year at a time) when he determines it to be in the “paramountinterest” or “national security interest” of the United States. In addition, the Clean AirAct and Clean Water Act provide the President with further exemption authority forproperty of the military of a “uniquely military” nature. Among other federal environmental statutes relevant to military operations, theNational Environmental Policy Act has been construed to contain no general exemptionfor federal actions in the interest of national defense or security, but such purposes mayaffect the judicial remedy