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LESSON 2

PRACTICE EXERCISE
ANSWER KEY AND FEEDBACK


1. Briefly list and discuss the purpose of each of the seven federal environmental laws that may affect your activities daily.
  The NEPA requires the Army to determine the environmental impacts of proposed actions. If the proposed action will harm the environment, the Army must develop a plan to eliminate or minimize the damage.

The RCRA governs how the Army identifies, transports, stores, and disposes of HM and HW. The RCRA places cradle-to-grave responsibility for HW on the personnel or units generating the waste. It also governs recycling and reuse of nonhazardous materials and wastes.

The CWA applies to facilities that put pollutants into bodies of water. The CWA affects groundwater, storm water, surface water (lakes, rivers, and streams), marshes, swamps, wetlands, coastlines, and navigable waterways.

CAA was passed in 1970 and amended in 1977 and 1990. Purpose. The CAA requires the Army to prevent, control, and/or reduce air pollution from nontactical vehicles, facilities, and operations.

The NHPA seeks to help safeguard against the loss of irreplaceable historical, archeological, and cultural properties, especially those on federal lands. The NHPA requires Army installations to identify, protect, and preserve possible archaeological resources, historical sites, artifacts, and structures, that are located on its installations.

The ESA protects threatened and endangered plants and animals. Army installations often include natural areas that are the last remaining refuge for endangered plants and animals. Almost every military training area has some endangered species.

The FFCA determines how environmental laws affect military installations. It allows regulatory agencies to impose civil fines and administrative actions on other federal agencies, including the Army, for solid-waste and HW violations.

2. List and discuss the four types of environmental laws and regulations affecting a soldier's action and an installation's environmental policy.
  Soldiers should understand that there are basically four types of environmental laws and regulations that affect installation environmental policy. These are HN, federal, state, and local laws. Army installations do not make up the rules that they must follow. The US Congress enacts laws to address environmental problems that citizens express concern over. The departments and agencies of the federal government than carry out these laws. Additionally, state and local government enact environmental laws. Army installations are subject to federal, state, and local environmental laws. Installations located in foreign countries must obey HN laws. It is important for soldiers and their leaders to understand that environmental policies will change from one installation to another, depending on the applicable laws. Although it may be confusing, there are reasons that installation policies differ. Because of these differences, it is also important that soldiers know how to determine the installation's environmental policies.  
3. What kinds of penalties can be assessed for violating environmental laws?
  Military personnel violating environmental laws (accidentally or intentionally) can be-
  • Prosecuted in federal, state, or municipal courts.
  • Prosecuted under the UCMJ.
  • Sentenced from 1 to 15 years in federal, state, or military prison.
  • Fined from $10,000 to $25,000 per day of violation.

These fines are not paid by the military; they are paid for from the soldier's paycheck. The soldier who violates the environmental statute while performing official duties can still be held personally liable.

4. What additional kinds of penalties are there for violating environmental laws?
  Some state and local governments have additional environmental laws. Actions that are allowed by the environmental laws of one state may be illegal in another state. The installation EC knows what state laws apply to your installation. Many of the countries that you might deploy to also have different environmental requirements. Army units in foreign countries must follow the environmental guidelines of the HN. When units deploy to other states or countries, your leaders should inform you of changes in environmental requirements.

Federal and state environmental regulatory agencies can impose penalties on the Army for violating environmental laws. These penalties include fines, increased monitoring and intervention by environmental regulators, and damage awards from lawsuits.  

5. Describe sovereign immunity.
  Litigation directed against a defense agency or one of its agents may be barred by the doctrine of sovereign immunity. The courts maintain that the public hires the government to pass lawful, constitutional actions or lawfully made discretionary decisions are what the public hires the government to do. Therefore, to change such actions or decisions, someone who objects to them must get Congress to change the law.  

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