U.S. MILITARY AND ENVIRONMENTAL LAW
Military & Environmental Law
Environmental Analysis and Impact of the United States Military
Military activity affects the environment in direct and indirect ways. The purpose of this paper is to examine the impact of military training and readiness activities and the impact of armed conflict and war on the environment. Most environmental impact that results from armed conflict and war occurs in foreign and not domestic environments. However, military training and readiness activities have the potential to impact both domestic and international environments. Different standards apply to the regulation of military activity based on the geographic, national, and political arenas in which military activity occurs. Another dimension that affects the environmental impact standards to which the military is held accountable is based on the perceptions and attitudes of lawmakers, citizens, and warriors toward peacetime and readiness operations vs. armed conflict and war. This paper will explore the nexus of policy, compliance, attitude, and resource utilization.
Several frameworks will be used to explore the ways in which the military impacts the environment. One of the most commonly used models reviews environmental impact legislation and examines the interchange between the military forces and the law. This model permits the reader to explore a military point-of-view and rationale for attempting to establish exceptions to environmental law. In this paper, the discussion will explore the history and nature of interactions between Congress and military leaders with regard to application of environmental protection laws to the actions of military forces. In this framework, the military is considered to be an industry, and the focus is on perceiving how the military deals with the legal and regulatory pressures that are part of doing business.
A second framework will focus on the impact of the military during war time or armed conflict. The perspective gained from this framework is useful because it illustrates how the exigencies of making war shape both the physical environment and the mental paradigms of people. To give structure to this discussion, the four categories of environmental effects by the military will be used. These categories are: Collateral effects, use of environment as a weapon, environmental modification to aid own operations or impede the enemy, and eco-terrorism" (Duke, 2010).
Environmental Impact of the U.S. Military.
The physical environment is affected by the military in a number of direct and indirect ways. In peacetime, through the military's efforts to train the forces, maintain readiness, and protect national security, air, land, and water pollution occurs. Land is converted to military use or transferred out of military jurisdiction after having been altered by military use. Armed conflict has immediate and long-term effects that include air, land, and water pollution, harm to animals, and destruction of habitat.
Overseas environmental law. The environmental laws that govern DOD installations and facilities overseas are conceptually similar to those in the United States. Some nations have well-developed regulatory systems with clear structure and comprehensive, integrated laws; others do not. "A fine balance of sovereignty is inherent in the basing of foreign forces within a host nation," and this balance is reflected in the interpretation and implementation of environmental laws and requirements for installations overseas. A "unique synthesis" of domestic and foreign viewpoints and standards are melded into a set of requirements that encompass DoD policy, audits by the General Accounting Office, international treaties and agreements, Presidential Executive Orders, host-nation environmental regulations, and U.S. domestic standards and laws. The implementation of regulations and the perceived obligations of the DoD overseas may be "self-imposed as a matter of policy rather than as a matter of law." Regardless, compliance of DoD installations with environmental regulations in overseas host-nations is critically important. Non-compliance can result in significant consequences. At stake are the long-term relations with the host-nation and sanctions or penalties for DoD employees. It is within the right of the host-nations to impose their local criminal sanctions on DoD employees who do not comply with the environmental regulations of the host-nation. Further, under circumstances where non-compliance is severe, continued access to the military installation and a continuation of international agreements could be jeopardized. In fact, the overseas...
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