By Stephen Dycus
A cogent exam of the problems fascinated by employing environmental legislation to nationwide safeguard actions.
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Extra resources for National Defense and the Environment
Human nature being what it is, we cannot expect that nations will soon abandon their warring ways in resolving their political disputes. Nor can we ignore the likelihood that the United States and other military powers will be increasingly called on to intervene in the internal struggles of nations to protect the rights of noncombatants, or even the environment. Because we live in a dangerous and contentious world, we must remain strong and vigilant. But in preparing for a fight, we must not destroy the very thing we would fight to protect.
Are perhaps the best-known examples. The environmental review they prescribe must be open and public. Indeed, members of the public are invited to participate, unless the disclosure of relevant information would threaten the national security. There has never been any serious doubt that these planning statutes apply generally to domestic national security activities. However, agencies have tried to limit the kinds of environmental impact that must be considered before Page 8 a project goes forward.
When the same case was appealed to the United States Supreme Court, the Court's decision was reported as Weinberger v. S. 305 (1982). ) The decision, handed down in 1982, appears in volume 456 of the United States Reports at page 305. For decisions not published in one of the reporters just mentioned, citations are given to Envtl. L. Rep. (Environmental Law Reporter), WL (Westlaw, a computer data base), or the docket number of the court in which the case was decided. C. §1251 (1988) refers to volume 33 of the United States Code, section 1251 (part of the federal Clean Water Act).
National Defense and the Environment by Stephen Dycus