As OMB Watch previously reported, the Pentagon -- claiming that military readiness has been adversely impacted -- pushed for military exemptions from the Endangered Species Act (ESA); the Marine Mammal Protection Act (MMPA); the Clean Air Act (CAA); the Comprehensive Environmental Restoration, Compensation, and Liability Act (CERCLA); and the Resource Conservation and Recovery Act (RCRA).
Both the House and Senate approved the ESA exemption, which would prevent “critical habitat” designations -- used to protect and recover endangered species -- from being applied to Defense Department lands, so long as they have a Resource Management Plan for handling fish and wildlife habitats. “These management plans have failed to provide adequate protection for endangered species and therefore are not a substitute for critical habitat designations,” according to the Natural Resources Defense Council. The Senate included an amendment -- put forth by Sen. Frank Lautenberg (D-NJ) -- restricting the application of this exemption by requiring written approval from the Secretary of the Interior on a case-by-case basis.
The House also approved the MMPA exemption -- narrowing the definition of harassment to legalize activities that could potentially harm marine mammals.
(For more detail on these exemptions, see NRDC’s backgrounder.)
House and Senate conferees now must meet to reconcile the differences between the two bills.