Democrats question Pentagon request for environmental exemptions

Democrats on Wednesday disputed Pentagon assertions that environmental laws are hamstringing the armed forces' ability to maintain combat readiness.

During a House Energy and Commerce Air Quality Subcommittee hearing, Energy and Commerce ranking member John Dingell, D-Mich., asserted the Pentagon has not offered a single instance of military readiness being compromised by the Resource Conservation and Recovery Act or the Comprehensive Environmental Response Compensation and Liability Act, better known as the Superfund law. He also chastised the Pentagon for saying it is "under siege" by environmental groups pursuing litigation. Pentagon and EPA officials said if the laws are not clarified, environmental groups and individuals could sue for activities at live-fire training facilities.

Energy and Commerce Chairman Joe Barton, R-Texas, noted that numerous environmental groups have threatened lawsuits on Clean Air Act violations to force the Pentagon to settle out of court.

Raymond DuBois, the Pentagon's deputy undersecretary for installations and environment, acknowledged the laws have not directly affected military readiness, but said the department has "had to provide workarounds" in some situations to avoid legal action.

Dingell said the Pentagon's proposed changes are unnecessary because the laws allow the president to exempt any military training installation from certain environmental requirements if military readiness is at risk. He noted that the president has invoked this exemption each year since 1997, but for only one base at a classified location in the western United States.

Critics of the proposed changes are concerned they would allow the military to pre-empt state authority to protect drinking water and the environment. In addition, the Pentagon could emit unlimited amounts of pollution over a three-year period regardless of the impact on air quality.