By Stephen Dycus
A cogent exam of the problems interested by utilizing environmental legislation to nationwide safeguard actions.
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Additional info for National Defense and the Environment
Example text
8 An agency is free in principle to make a foolish decision but not an uninformed one. Moreover, a court will not "substitute its judgment for that of the agency as to the environmental consequences of [the agency's] actions. "9 Detailed requirements are spelled out in the regulations of the Council on Environmental Quality10 and in hundreds of judicial decisions. "12 An EIS must describe adverse environmental effects which cannot be avoided if the proposal is implemented. According to CEQ regulations, it must also set forth the relationship between short-term uses of the environment and long-term productivity, as well as any irreversible or irretrievable commitments of resources that would result from the proposed action.
Today, environmental considerations must be part of your decisions. 15 There is also evidence of a generational change within the ranks, as younger officers more attuned to environmental issues move into positions of leadership. What is true for the Defense Department appears to be true as well for the Department of Energy. In some instances, Congress has not been perfectly clear in explaining when its environmental statutes are applicable. For example, we cannot be entirely certain, from an examination of either the statutory text or the legislative history, that Congress "intended" for the National Environmental Policy Act (NEPA)16 to apply to military activities abroad.
Chapter 5 describes the environmental implications of these changes, and shows how the environmental laws may influence the closure process. For example, in one case currently in litigation, the Air Force transferred lands at a closed base to a civilian agency for use as an international airport and industrial park. 25 Nearby homeowners and the local town government have complained that the transfer was not preceded by a proper environmental analysis under NEPA, and that air pollution from the proposed new use would violate provisions of the Clean Air Act.
