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Attorneys general criticize military environmental exemptions


Published April 18, 2004

The attorneys general of 39 states, including Washington, urged Congress on Monday to reject a U.S. military request for exemptions from environmental laws.

Colorado Attorney General Ken Salazar said there is no evidence that the three requested changes would aid training or the movement of tanks and weapons, as the military claims.

Among other changes, the Pentagon wants to ease the Clean Air Act regarding air pollution from training exercises. It also wants changes in toxic waste laws to let the military avoid cleaning up pollution from munitions used on training ranges.

Salazar said the Defense Department can already get waivers from the laws. He said if Congress adopts more changes, it could limit state authority over the investigation and cleanup of munitions-related contamination on 24 million acres of military land.

Susan LeFever, director of the Sierra Club's Rocky Mountain chapter, said the military is using concern over national security to get around pollution laws.

The attorneys general said 40 military installations have tested positive for perchlorate used in rocket fuel and for various explosives.

Reached late Monday, a Pentagon spokeswoman referred questions to a statement on the Pentagon Web site, which says the military wants Congress to clarify that environmental laws cannot be used to close testing and training ranges.

"These ranges have specifically been set aside for the purpose to train our military and to test our weapon systems," Deputy Undersecretary Paul Mayberry says on the site. "Past court cases have threatened to close down our military training, and that readiness risk is unacceptable whether we are a nation at war or a nation preparing for war."

Salazar's spokesman, Ken Lane, said Colorado, Idaho, Washington and Utah launched the campaign against easing environmental restrictions four years ago and other states have signed on.

He said 11 states did not participate: Some missed deadlines, while others, like Tennessee, did not agree with the protest.

In Olympia, Wash., state Attorney General Christine Gregoire said the exemptions are not justified and would hurt the states' ability to protect the environment and public health.

"The fact is, DOD has never come forward with any evidence that these laws interfere with military readiness," she said in a statement released by her office. "The state of Washington and the military have always had a good working relationship."