Congress recently exempted the Department of Defense (DoD) from the 1918 Migratory Bird Treaty Act, which protects 850 species of birds from harm. The measure, which was inserted in a defense authorization bill while it was in conference committee, gives an interim exemption from the act and requires the Interior Secretary to write regulations that would continue the exemption. The exemption will "effectively give the Defense Department license to bomb and destroy at will the natural habitats of migratory birds, endangering more than 1 million birds and curtailing the enjoyment of more than 50 million bird enthusiasts in this country," said Rep. John D. Dingell (D-Mich.). A full exemption from the treaty could undermine the ability of states to administer pollution control laws, and negatively impact local communities that are located near DoD operations. Environmentalists argue that no federal agency should be granted special reprieve from the laws which individuals and businesses are required to adhere. The Pentagon also requested exemption from the Endangered Species Act, the Clean Air Act, the Clean Water Act, and the Marine Mammal Protection Act. Although Congress did not grant all the requested exemptions, the fact that they granted any is disturbing.

Ran 1/13/03