November 24, 2003: Bush Allows Pentagon to Get Around Environmental Legislation

President Bush signs into law the defense authorization bill, which contains a controversial rider allowing the Pentagon to circumvent the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The MMPA prohibits government and commercial interests from engaging in activities harmful to the declining populations of whales, dolphins and seals. The act, passed in 1972, has been credited with halting the decline of some of those populations. The bill also exempts the military from certain provisions of the ESA. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003] For example, the bill:
Permits the secretary of defense to exempt any military activity from the MMPA, without regard to its impact on whales, seals and dolphins. The Navy claims the MMPA puts American lives at risk because it makes it more difficult for the Navy to detect enemy submarines. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
Loosens the MMPA definition of “harassment” of marine mammals, making it almost impossible to enforce the MMPA. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
Extends the Pentagon’s exemptions to scientists who conduct research sponsored by the Navy or other federal agencies. [Earth Island Institute, 11/6/2004]
Eliminates language in the MMPA that prohibits the Navy from doing sonars, invasive research, bomb testing and other activities that threaten the habitat of whales, seals and dolphins. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
Exempts US military bases and lands from ESA habitat-protection provisions. Defense Secretary Donald Rumsfeld says that the new exemption will “improve… military readiness” even though a General Accounting Office study found that “very few units reported being unable to achieve combat-ready status due to inadequate training areas.” [General Accounting Office, 6/2002 ; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004] Encouraged by their success at weakening the MMPA and ESA, defense officials say that next year they will attempt to modify a court agreement the Pentagon accepted the month before requiring the Navy to limit where it can use its new low-frequency sonar system that has the ability to track quiet diesel submarines. Critics argue the sonar’s frequency is so loud that it could kill noise-sensitive whales and dolphins. [Washington Post, 11/16/2003] The military is also planning to seek exemptions to the Clean Air Act, the Resource Conservation and Recovery Act and the Superfund Act (see April 6, 2004). [Christian Science Monitor, 11/24/2003]