SENATORS JEFFORDS, LIEBERMAN AND LEAHY OPPOSE
EXEMPTIONS FOR DEFENSE DEPT. FROM ENVIRONMENTAL LAWS
CALL ON DOD AUTHORIZATION CONFEREES TO REJECT HOUSE ACTIONS TO WEAKEN
ENVIRONMENTAL PROTECTIONS
WASHINGTON, DC - U.S.
Sens. Jim Jeffords, I - Vt., Joseph Lieberman, D - Conn., and Patrick
Leahy, D - Vt., today voiced strong opposition to a series of exemptions
from environmental laws in the Department of Defense (DOD) Authorization
bill for FY 2003. The legislation is currently in a House/Senate
Conference Committee.
The House version of the
bill (H.R. 4546) includes broad exemptions from the Endangered Species Act
and the Migratory Bird Treaty Act. These exemptions were requested by the
Department of Defense as part of the Range Readiness and Preservation
Initiative. The Senate version does not contain any of those exemptions.
Jeffords, Chairman of
the Senate Committee on Environment and Public Works said, "Blanket
legislative exemptions, such as those found in the House authorization
bill, are simply not needed. Both the Endangered Species Act and the
Migratory Bird Treaty Act already grant the military special flexibility
to meet training needs. The American people understand the military's
need to train, but government agencies are not above the law."
Lieberman said,
"Chairman Levin has worked diligently to mitigate any weakening of our
environmental laws through these provisions, and I applaud his
leadership. But it remains my position that, when profound changes to our
environmental protection regime are at stake, we should not go through the
legislative backdoor or side door. We owe it to the American people to go
through the front door-and that should have entailed full consideration of
the proposals in the Environment and Public Works committee."
Leahy said, "The House
is trying to create a big loophole in our environmental laws for a problem
that just doesn't exist. For years the Interior and Defense Departments
have been successfully cooperating in meeting military readiness needs
without this loophole."
Section 7 of the
Endangered Species Act provides an exemption for any agency action for
reasons of national security. According to the Fish and Wildlife Service,
the Secretary of Defense has never sought a Section 7 exemption. In the
Migratory Bird Treaty Act, the Secretary of the Interior currently has
wide discretion under Section 3 of the Act to determine when the
incidental "taking" or killing of migratory birds is permissible for the
armed forces and to develop permit regulations within the law's
conservation context. In fact, the Fish and Wildlife Service and
Department of Defense are close to finalizing a Memorandum of Agreement
that would establish an administrative process to resolve future migratory
bird disputes.
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