Turning Green

efense Department officials say environmental laws inhibit their ability to train soldiers in a realistic manner. In its Readiness and Range Preservation Initiative, unveiled in April, Defense proposed changes to several environmental laws. The House adopted provisions affecting the Endangered Species Act and the Migratory Bird Treaty Act in its 2003 Defense authorization bill. None are included in the Senate version. Environmentalists fear that Defense will be back for more.

Endangered Species Act: Under the proposal, military bases that have management plans to protect endangered species, plants and animals would be excluded from having their land designated critical habitat and thus put off limits for training.

Migratory Bird Treaty Act: The legislation would reverse a March 2002 federal court ruling that prohibits the Navy from conducting live firing drills at Farallon de Medinilla in the Western Pacific. Environmentalists sued the Navy, saying the drills violate the law by killing several species of birds. The provision would waive permit and record-keeping requirements for training exercises.

Marine Mammal Protection Act: Specify that "harassment" of a marine mammal only occurs when the mammal is injured or there is significant potential for injury. The current definition of harassment includes "annoyance" and "potential to disturb."

Clean Air Act: Give the military more time to comply with state plans for meeting federal air quality rules.

Hazardous waste cleanup laws: Exempt explosives and munitions that remain in a designated firing range from the definition of solid waste. This means the military would not have to clean up the materials unless they pollute land or water outside the firing ranges.