Disobeying Orders

The military is deserting its environmental responsibilities

opinion by David S. Mann and Glen Milner

Recent announcements that the Pentagon is seeking further exemption from environmental law, including the Endangered Species Act, Migratory Bird Treaty Act and the National Environmental Policy Act, are a threat to us all.

Added to this threat are decisions by the Bush administration to block the public's right to know and understand federal activities, making it more difficult to obtain records regarding military compliance to environmental law.

The advancement of modern warfare and an ongoing war economy has created an environmental nightmare for our nation; both in regard to environmental disasters created in the development and use of sophisticated weapons systems, and in the potential threat of a catastrophic accident.

The military is our nation's largest polluter and manages 25 million acres of land providing habitat for 300 species listed as threatened or endangered. In 1990, the Government Accounting Office identified over 17,000 potentially hazardous sites on 1,900 active installations in the US and its territories and possessions. Estimates for total cost to bring the Department of Defense and Department of Energy facilities into compliance with environmental laws and to restore damaged areas exceed $400 billion.

It is a cynical argument, however, that we must drop environmental regulation of our military as a result of the September 11 terrorist attacks. Protecting our society against environmental harms, including the harmful effects of toxic and nuclear wastes, should be seen as a vital component of our "homeland security"--not something to be quietly swept under the rug. It is important, as well, that members of our armed forces are given as close to the same environmental protections as the rest of society.

Further military exemptions to environmental laws could mean significant consequences for the Puget Sound region, one of the largest military concentrations in the United States.

McChord Air Force Base, near Tacoma, occupies 5,780 acres. To the south, Fort Lewis Army Base occupies over 86,000 acres.

The US Navy has its third largest fleet concentration in Puget Sound. Navy installations, including Whidbey Island Naval Air Station in Oak Harbor, Naval Station Bremerton, Naval Station Everett and Naval Submarine Base Bangor, occupy more than 80,000 acres and miles of shoreline on Puget Sound. The Strategic Weapons Facility at Bangor is the last active nuclear weapons depot on the West Coast and the site of deployment for approximately 1,760 nuclear warheads.

Puget Sound military facilities are the site of numerous Environmental Protection Agency Superfund sites. Many of the bases have been used since World War II and contain hazardous material from past activities not yet discovered. All Puget Sound military sites include habitat critical for threatened or endangered species.

In October 2001, US Attorney General John Ashcroft released a statement in an effort to prevent public disclosure through the Freedom of Information Act. An October 12, 2001 memo to federal agencies from the Attorney General stated, "When you carefully consider FOIA requests and decide to withhold records... you can be assured that the Department of Justice will defend your decisions..." In a May 2002 response to a Freedom of Information Act request, the Navy demanded over $1,500 for documents showing compliance to environmental laws at the Trident nuclear submarine base at Bangor for a 13 month period since December 2000. These same types of documents had been released in the past without fees because they were considered "in the public interest." Other documents, also related to environmental issues, are now being withheld for purposes of "national security."

The purpose of the National Environmental Policy Act is for full public disclosure. The law states, "NEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are taken." Military compliance to environmental law, and public disclosure of federal environmental records, must be maintained for the protection of the Puget Sound region.

David S. Mann is a Seattle attorney specializing in environmental and land use law. Glen Milner is a member of the Ground Zero Center for Nonviolent Action. Please see www.gzcenter.org.