SAVE THE WHALES
Military wants to be Above Environmental Laws
The US Military has apparently determined that it will
explore methods by which to make itself exempt from the law.
I just received a document today which I had requested
yesterday from the Endangered Species Coalition.
Apparently, the military wants to be exempt from the
law. Here's a document of 21 pages which illustrates
how several American institutions, government
agencies, and environmental protections are now
regarded as "encroachments" on the military's
burgeoning quest for an increasing use of underwater acoustics.
This document is specific to ATOC. It is specific to
marine sanctuaries and to marine mammal protections.
It is specific to LFAS. It is specific to coral reefs
and to the protection thereof. The document ridicules
the precautionary approach to marine life protections
as increasingly conservative & protective rulings are
being decided by the National Marine Fisheries Service
(NMFS). This document scoffs at the Marine Mammal
Protection Act. And this document identifies programs
such as the Coastal Zone Management Act, the
Endangered Species Act and the Magnuson-Stevens Act, among others,
as "severelyencroaching" on the military's control.
The document is retaliatory in nature and targets with
ridicule protections for areas like Viegues. It further
criticizes the fact that Urban Warrior exercises in
Amnerican cities involved exessive planning and cooperation.
Multiple references to acoustic testing abound within
this document. In each instance, the presense of a
restriction is regarded as an impediment for
efficiency rather than as an opportunity for the
military to demonstrate wise governance of effective leadership.
If I were grading a report card for leadership, this
document would deserve an "F" as it is a complete
failure. It shuns responsibility. It tries to break
that which requires planning or principled action.
Perhaps there is still time for this document to be
circulated today at the Honolulu ATOC Hearing. I am hoping so!
If you click here, 21 pages will instantly download as
a TIF file feeds directly to your computer. (It's
safe, I made the link myself.) You will need an image
viewer to read it. It's fuzzy print but you can read it.
http://stoplfas.homestead.com/files/5407710.tif
For more information, contact Brock Evans Executive
Director Endangered Species Coalition 202-772-3231
bevans@stopextinction.org
Web site: http://www.stopextinction.org
Subject: [stoplfas] Navy Claims Environmental Laws are Threat to National Security
Military to Seek Legislative Exemptions, Documents Show
From Endangered Species Coalition Tuesday, August 21, 2001
WASHINGTON, DC -- Citing growing restrictions on its
operations, weapons development and training, the U.S.
Navy will soon seek Congressional exemption from
compliance with several environmental laws, according
to agency documents released today by Public Employees
for Environmental Responsibility (PEER).
"The Navy's environmental philosophy is 'damn the
torpedoes, full speed ahead,'" commented PEER General
Counsel Dan Meyer, a former Navy officer.
"The Navy's senior command does not appreciate that
defense of the nation does not demand despoliation of
our natural resources."
In recent briefings and position papers, Navy
officials contend "the cumulative impact of compliance
[with applicable environmental laws] can have severe
to extreme consequences on operational readiness."
Present and future limitations on firing live
explosives, night training, operations in
marine sanctuaries and emerging weapon systems, such
as its new "LFA" (Low Frequency Active) sonar present
potential obstacles to the Navy's mission.
The Navy decries actions to protect threatened and
endangered species by federal wildlife protection
agencies such as the U.S. Fish & Wildlife
Service and the National Marine Fisheries Service
because they take a "precautionary approach" toward
protecting sea life, arguing that its operations
should not be hampered by "lack of quality data" and
"limited scientific understanding" of the
vulnerability of marine mammals, sea turtles and other aquatic life.
Despite recommendations that Navy contractors
"consider, wherever practical, using closed
environments (e.g. quarries, catch-ponds) for the
testing of ordnance and other live-fire testing" the
Navy resists adopting any possible changes in its own
operations to avoid environmental impacts. Instead
the documents outline a series of statutory exemptions
that the Navy intends to seek from the Endangered Species Act.
"We cannot simply stand by while the military or
anyone else attempts to cut and shred the fabric of
our nation's environmental laws, especially one
that was so painstakingly crafted by past
generations," said Brock Evans, a former marine and
executive director of the Endangered Species
Coalition. According to former Air Force Chief of
Staff General Thomas D. White
"The mission of the Department of Defense is more than
aircraft, guns and missiles. Part of the defense job
is protecting the lands, waters, timber and wildlife
-- the priceless natural resources that make this
great nation of ours worth defending."
One document lists "seven regulatory programs that
impact DOD {Department of Defense} operations,
training and testing in the marine environment in
order of their severity" starting with the Marine
Mammal Protection Act followed by the Endangered
Species Act, the National Marine Sanctuaries Act, the
Coastal Zone Management Act, the Magnuson-Stevens Act
(protecting fish habitat) and two Clinton Executive
Orders on coral reefs and marine protected areas.
Copies of the Navy documents referenced are available on request.
Endangered Species Coalition statement on Department
of Defense proposed ESA exemptions.
"We are very disturbed to learn about this attempted
end run around the Endangered Species Act," said
Endangered Species Coalition, Executive Director and
ex-marine Brock Evans, "and we simply cannot stand by
while the military or anyone else attempts to cut and
shred the fabric of our nation's environmental laws,
especially one that was so painstakingly crafted by
past generations." The Endangered Species Coalition
cannot accept these exemptions and we will do
everything in our power to educate the American
people about how they will damage our way of life and
irreplaceable natural heritage.
The ESC has had very good relations with the armed
services and is currently exploring partnerships with
some of them to work together on environmental
issues. By and large, the military has a solid record
of balancing the difficult task of maintaining mission
readiness while complying with ESA protections for
endangered species.
"These exemptions," observed Brock Evans, "would only
undermine the military's efforts to protect
imperiled species in a misguided attempt to fix
something that is not broken."
The Endangered Species Act is a very flexible law,
specifically designed to accommodate various
situations, such as military land uses, while still
protecting endangered species. "If any of the services
are having difficulty, we invite them to work with us
to find solutions, not to turn their back on the laws
that keep our country beautiful," said Evans.
While the ESC fully supports the need to maintain
military readiness, we must also must remind Congress
and the administration of the words of former
Air Force Chief of Staff General Thomas D. White who
said, "The mission of the Department of Defense is
more than aircraft, guns, and missiles. Part of
the defense job is protecting the lands, waters,
timber and wildlife - - the priceless natural
resources that make this great nation of our worth defending."
For more information, contact Brock Evans Executive
Director Endangered
Species Coalition 202-772-3231
bevans@stopextinction.org Web site:
http://www.stopextinction.org
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