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By William A., Jr. Wilcox
The conflict is an previous one: guy as opposed to nature. And in smooth society, guy comprises the army. Machines. chemical substances. Who wins the conflict and at what rate? This sensible research of the clash among nationwide safety necessities and environmental accountability appears to be like at simply that. William Wilcox examines the most typical environmental concerns that the army faces in the course of wartime and peacetime and gives an advent to the criminal specialists, together with statutes, laws, and government orders, governing the applying of environmental legislations to army actions. It additionally illuminates the strain among environmentalists and regulators desirous about the damages that army improvement, trying out, and coaching operations inflict at the surroundings and army leaders devoted to utilizing genuine box stipulations to arrange infantrymen for struggle. furthermore, this ebook addresses environmentalists' hope for better responsibility from the army, which has a historical past of dumping, spilling, stockpiling, and launching damaging chemical compounds. even if a few exemptions from environmental compliance were granted to the army, federal businesses are often held to better criteria than deepest region businesses. Wilcox, an skilled environmental legal professional and previous army legal professional, specializes in the felony framework during which environmental concerns are addressed and examines how coverage interprets into criminal program. He additionally examines the altering dating among the army and the surroundings by way of exploring environmental legislation because it applies to the army locally and the impression of foreign environmental legislation on strive against operations. as well as addressing such environmental legislation because the nationwide Environmental coverage Act and the source Conservation and restoration Act, the writer offers an outline of the legislation governing entry to details about the military's influence at the atmosphere. different issues lined comprise civil consequences and sovereign immunity, water rights,
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1344. 49. Id. 50. , United States v. S. 121 (1985). 51. , Leslie Salt Co. v. 2d 742 (9th Cir. 1978). But see Tabb Lakes Ltd. v. 2d 796 (Fed. Cir. 1993) (viewing this approach with disfavor). 52. Solid Waste Agency of Northern Cook County v. S. 159 (2001). For further deliberations on the extent of jurisdictional wetlands, see Rapanos v. Ct. 2208 (2006). 53. R. 2. 54. Id. 55. C. § 1344. 56. Id. 57. Exec. Order No. 11, 990, 42 Fed. Reg. 26,961 (1977). 58. C. § 470f. In addition to Section 106, Section 110 of the NHPA requires that federal agencies use their historic properties “to the maximum extent possible” rather than acquire or construct new properties (§ 470h-2).
Calif. 1988). 15. McClellan Ecological Seepage Situation, 707 F. Supp. at 1187. 16. S. at 615–29. 17. Lotz, Federal Facility, supra note 12, at 11. 18. Id. 19. C. § 1323(a). 20. Id. 21. Id. 22. Id. 23. Id. 24. S. at 620–23. 25. Id. at 612. 26. Id. at 620. 27. Id. at 627. 28. Id. at 624. 29. Id. at 623–24. 30. Id. at 624. 31. John C. Nagle, Waiving Sovereign Immunity in an Age of Clear Statement Rules, 1995 WIS. L. REV. 771, 774 (1995). 32. C. § 6961. 33. Id. 34. Id. 35. Id. 36. Id. 37. President George H.
R. pt. 651 (Mar. S. DEPARTMENT OF ARMY, REG. 200-2, Environmental Effects of Army Actions). 4. R. 9. 5. R. 32. 6. R. 35. 7. R. 3. 8. C. § 4332(2)(C). 9. R. 4. 10. R. 3. 11. R. 4(c). 12. Such a decision, however, would likely be made only by policy-level officials in the agency. 13. R. 3. Environmental Planning at Military Facilities 39 14. Culvert Cliffs’ Coordinating Committee, Inc. v. S. C. Cir. 1971). 15. Strycker’s Bay Neighborhood Council v. S. 223 (1980). 16. Hanly v. 2d 640 (2d Cir. 1972).