The Modern Military and the Environment: The Laws of Peace and War

by William A. Wilcox Jr.

Overview

The battle is an old one: man versus nature. And in modern society, man includes the military. Machines. Chemicals. Who wins the battle and at what cost? This practical analysis of the conflict between national security requirements and environmental responsibility looks at just that.
William Wilcox examines the most common environmental issues that the military faces during wartime and peacetime and provides an introduction to the legal authorities, including statutes, regulations, and executive orders, governing the application of environmental law to military activities.
It also illuminates the tension between environmentalists and regulators concerned with the damages that military development, testing, and training operations inflict on the environment and military leaders dedicated to using actual field conditions to prepare soldiers for war. In addition, this book addresses environmentalists' desire for greater accountability from the military, which has a history of dumping, spilling, stockpiling, and launching harmful chemicals.
Although some exemptions from environmental compliance have been granted to the military, federal agencies are sometimes held to higher standards than private sector companies. Wilcox, an experienced environmental attorney and former military attorney, focuses on the legal framework in which environmental issues are addressed and examines how policy translates into legal application. He also examines the changing relationship between the military and the environment by exploring environmental law as it applies to the military domestically and the impact of international environmental law on combat operations.
In addition to addressing such environmental laws as the National Environmental Policy Act and the Resource Conservation and Recovery Act, the author provides an overview of the laws governing access to information concerning the military's impact on the environment.
Other topics covered include civil penalties and sovereign immunity, water rights,

Product Details

ISBN-13:	9780865871748
Publisher:	Government Institutes
Publication date:	04/16/2007
Edition description:	New Edition
Pages:	188
Product dimensions:	6.09(w) x 9.10(h) x 0.57(d)

About the Author

William Wilcox is an attorney in the Washington, D.C., office of Pillsbury Winthrop Shaw Pittman LLP and a lieutenant colonel in the U.S. Army Reserve. Prior to joining the firm in 2005, Mr. Wilcox spent fifteen years as an active duty military and civilian attorney, specializing in environmental law, to federal agencies.

Table of Contents

Acknowledgments     v
Introduction: The Military and the Environment     vii
Peacetime Operations
The Business of Defense     3
Regulating the Military at Peace     11
Environmental Planning at Military Facilities     25
Emerging Issues concerning Military Operations     45
Land Acquisition through Military Land Withdrawals     59
Base Realignments and Closures     75
Access to Environmental Information
The Case for Access     93
Environmental Information and the U.S. Military     105
Freedom of Information in the United States     113
Wartime Operations
The Nature of War     133
The Laws of Armed Conflict and the Environment     141
Punishing Environmental War Crimes     153
Conclusion: National Security versus Natural Security     163
Index     167
About the Author     179