[CPEO-MEF] FOE Action Alert for Section 8149

[Pauline Simon <cpeo@cpeo.org>]

[**Original message from Gawain Kripke of Friends of the Earth . Please
respond to Gawain directly at <GKripke@foe.org> if you have questions about
the Action Alert]


[THIS DOCUMENT WILL BE POSTED AT WWW.FOE.ORG/ACT]

Action Alert !
FRIENDS OF THE EARTH
November 1, 1999


THE DEFENSE DEPARTMENT SHOULD COMPLY WITH ENVIRONMENTAL LAWS!
                                
CALL ON PRESIDENT CLINTON AND CONGRESS TO REPEAL
THE PENTAGON PENALTY EXEMPTION!

Recent legislation exempts the Department of Defense for
paying civil penalties for violations of environmental laws.  This
"rider" was inserted at the last minute to the annual Defense
Department funding bill, signed by the President.

BRIEFING:
The federal government - and especially the Defense
Department - is the nation's largest polluter.  To help clean up the
government's act, Congress passed a series of law, such as
the 1992 Federal Facility Compliance Act, subjecting federal
agencies to the enforcement of federal and state environmental laws. This
includes paying fines and penalties under environmental laws designed to
protect our air, water and land.

However, a provision was quietly inserted in the annual
funding bill that exempts the Department of Defense from paying civil
penalties for violations of any environmental law, unless
Congress specifically approves.  This was done without any public
discussion or debate.  The provision, Section 8149, severely curtails the
authority of both state and federal regulators to force the Pentagon to
clean up its operations. It says that the Defense Department is above the
law, rules that other institutions must obey.

The National Association of Attorney General, an organization
representing attorneys general of all 50 states, has sent a
letter to Congressional leaders urging the repeal of Section
8149, saying "we believer [Section 8149] would have an
adverse impact on federal facilities' compliance with state and
federal environmental laws."

ACTION:
Call or write President Clinton and Vice-President Al Gore
and ask them to work for immediate repeal of the rider - Section
8149 of the Defense Appropriations bill for FY2000.  Call
202/456-1414.

Call or write your Representative and your two Senators and
ask them to repeal Section 8149 of the Defense Appropriations
bill for FY2000.  To connect to the Capitol call 202/224-3121.

Call or write your Governor and state environmental
protection agency and inform them about this rider.  Ask them to call
Washington, DC and demand this rider be immediately repealed.

Attached is a sample letter for you to use.

FOR MORE INFORMATION:
Please call Gawain Kripke at Friends of the Earth for more
information - 202/783-7400x212 or gkripke@foe.org.  The
Center for Public Environmental Oversight's Military Environmental
Forum is serves as an Internet bulletin board on issues related to
Section 8149. To subscribe at no charge to the Forum
listserver, send an e-mail to cpeo@cpeo.org or view the Forum on the Web at
http://www.cpeo.org/lists/military/1999/index.html.

SAMPLE LETTER

The Honorable William Jefferson Clinton, President
The Honorable Al Gore, Vice-President
The White House
1600 Pennsylvania Avenue, NW
Washington DC 20500

Dear Mr. President and Vice-President:

     I am deeply disappointed that you signed the Defense
Appropriations bill, H.R. 2561, which contains an extremely
damaging anti-environmental rider that immunizes the
Department of Defense (DOD) from having to pay civil penalties for
environmental violations.  Please do anything you can to
repeal this dangerous provision that was slipped into the bill at
the last minute.

     Section 8149 undermines years of efforts between citizens,
communities, the states, and the Department of Defense to
clean up the operations and contamination of the Department of
Defense. The section reads:
     
     "SEC. 8149. None of the funds appropriated in this Act
may be used for the payment of a fine or penalty that is imposed
against the Department of Defense or a military department
arising from an environmental violation at a military
installation or facility unless the payment of the fine
orpenalty has been specifically authorized by law. For
purposes of this section, expenditure of funds to carry out a
supplemental environmental project that is required to be carried out as
part of such a penalty shall be considered to be a payment of the penalty."
     
     In addition to the harm this provision will cause at
specific military installations, this special treatment for
military agencies sends a unacceptable message that the
federal government is above the law and will not be held accountable for
environmental harm.
     
    In recent years, Congress and your Administration have supported
efforts to "level the playing field" for federal facilities by waiving
sovereign immunity and subjecting them to the same civil penalties as
private companies.

     Mr. President, you must not let this rider undo this
strong trend toward federal facility accountability by exempting the
Defense Department from paying civil penalties for environmental
violations. We need your leadership to quickly overturn this
anti-compliance rider.

Sincerely,


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