S. 2226: Necessary Environmental Exemptions for Defense Act

This bill, known as the Necessary Environmental Exemptions for Defense Act, aims to allow the Department of Defense (DoD) to bypass certain environmental protection laws to improve its operational efficiency and readiness in national defense, specifically in relation to threats posed by the Chinese Communist Party. The key components of the bill are as follows:

Exemption from Environmental Laws

The bill proposes that the DoD, including its contractors and associated entities, would be exempt from the following environmental laws when conducting specific activities related to national defense:

• National Environmental Policy Act (NEPA)
• Endangered Species Act
• Marine Mammal Protection Act
• Federal Water Pollution Control Act

This exemption would apply if the Secretary of Defense or the President certifies that the activity is directly linked to addressing threats from the Chinese Communist Party. Exemptions would be applicable for activities related to:

• The readiness, training, or operations of the Armed Forces.
• The construction, maintenance, expansion, or repair of DoD facilities or infrastructure.
• The deployment, development, testing, or production of technologies, systems, or equipment for the Department.
• The deployment, development, testing, or production of commercial technologies relevant to DoD contracts that are critical for national security.

No Alternative Compliance Requirements

The bill states that, except for any environmental mitigations deemed appropriate by the Secretary of Defense, no federal, state, or local environmental review processes would be required to replace compliance with the exempted laws. This means that once an activity falls under the exemptions outlined, no further environmental evaluations would be mandated at any governmental level for those activities.

Judicial Oversight

Furthermore, the legislation specifies that no court would have the authority to review or challenge any decisions made by the DoD that fall under these exemptions. This aspect removes the opportunity for legal scrutiny regarding the DoD's environmental compliance related to the specified activities.

Regular Review of Environmental Practices

The Secretary of Defense is required to review best practices for environmental mitigations at least every five years and update the policies of the department accordingly. This provision aims to ensure that the DoD maintains awareness of advancements in environmental practices even while operating under these exemptions.

Retroactive Application

The provisions of the bill would be retroactively applicable to any relevant activities or projects that are ongoing at the time of its enactment. It would effectively negate any legal actions or administrative proceedings that were in progress concerning the compliance with the listed environmental laws associated with these activities.

Relevant Companies

• LMT (Lockheed Martin Corporation) - As a major contractor for the Department of Defense, changes in environmental compliance could streamline their operations significantly and may simplify processes for projects tied to defense contracts.
• NOC (Northrop Grumman Corporation) - With many defense contracts and projects, this company could benefit from reduced environmental regulations related to their operations and development projects for the U.S. military.
• RTX (Raytheon Technologies Corporation) - Like other defense companies, Raytheon could see advantages in fewer regulatory hurdles for the development and deployment of new military technologies and systems.