The Washington Post reported on Monday that the Department of Defense (DOD) is refusing to follow orders from the Environmental Protection Agency (EPA) to clean up three highly contaminated military bases. According to EPA, dumped chemicals at these bases pose "imminent and substantial" danger to public health and environmental well-being.
DOD has also declined to sign agreements with EPA to clean up twelve other military sites, despite the fact that these agreements are required by law. The sites are included on EPA's Superfund list, which means they're among the most polluted and dangerous areas in the country.
Rena Steinzor, who helped write the Superfund laws, says that the Pentagon's refusal to follow EPA's orders is the "height of amazing nerve."
DOD's refusal to comply with the clean-up orders might also be illegal, if not entirely unprecedented (Area 51, anyone?). Even though, under government policy, the EPA cannot sue the Pentagon, U.S. law gives "final say to EPA administrator Stephen L. Johnson in cleanup disputes with other federal agencies."
The Pentagon, however, refuses to recognize this provision. In fact, DOD officials have requested assistance from the Justice Department and Office of Management and Budget in challenging EPA's orders, a move many find alarming: "I find it troubling, not only that Department of Defense is in flagrant violation of final orders issued by the EPA, but that DOD is now attempting to circumvent the law and Congress' intent by calling on the Department of Justice and the Office of Management and the Budget to intervene," says Rep. John D. Dingell (D-MI), chairman of the House Energy and Commerce Committee.
The Post reported in a follow-up story that Senators Robert Menendez (D-NJ), Frank Lautenberg (D-NJ), Barbara Mikulski (D-MD), Benjamin Cardin (D-MD), and Bill Nelson (D-FL) recently wrote a letter to Defense Secretary Robert Gates, demanding an explanation for the Pentagon's refusal to follow EPA's orders. We can only hope that the Pentagon will ultimately be held accountable for its blatant disregard for public health and safety.
-- Sebastian Ramirez-Brunner
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