MILITARY READINESS AND ENVIRONMENTAL SECURITY—CAN THEY CO-EXIST?

The effects of the Migratory Bird Treaty Act, the Endangered Species Act, and the Sikes Act on issues of encroachment and military readiness training are examined. The Department of Defense land holdings provide habitats for a disproportionate number of endangered species in addition to providing mi...

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Bibliographic Details
Published inReal property, probate and trust journal Vol. 39; no. 2; pp. 315 - 355
Main Author Vogel, Catherine M.
Format Journal Article
LanguageEnglish
Published Chicago Section of Real Property, Probate and Trust Law / American Bar Association 01.07.2004
American Bar Association
Subjects
Armed forces
Bird nesting
Birds
Compliance
Defense
Effects
Encroachment
Endangered & extinct species
Endangered species
Environmental legislation
Environmental protection
Federal legislation
Habitat conservation
Habitats
Hunting
Legislation
Military bases
Military defense
Military readiness
Military training
National security
Navies
United States > US
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Summary:The effects of the Migratory Bird Treaty Act, the Endangered Species Act, and the Sikes Act on issues of encroachment and military readiness training are examined. The Department of Defense land holdings provide habitats for a disproportionate number of endangered species in addition to providing military training environments. The military is often forced to alter or delay its training procedures to protect the animals and their habitats. The Department of Defense has proposed legislation to reduce the pressures of regulatory compliance on military training activities in the protected habitats. It is concluded that this type of legislation should be delayed until the Department of Defense can gather conclusive data about the effects of the Acts, and alternative solutions for the Department of Defense to consider in order to balance the protection of the habitats with the importance of military readiness are proposed.
ISSN:0034-0855
2159-4538
1540-8469
2329-6127