What is the Military Environmental Responsibility Act?
Why do we need the MERA?
What would the MERA do?
How can we pass the MERA?

The Military Environmental Responsibility Act (or MERA) is a piece of federal legislation sponsored by Congressman Bob Filner of San Diego, CA. 

The U.S. military is specifically exempted from many federal environmental, worker, and public safety laws.  In many other cases, while the language in federal laws states that they should apply to the military, courts have found that the legislative intent was not clear enough to allow full enforcement. 

These exemptions have led to more than 28,000 toxic “hot spots” on over 1,700 military facilities.  More than 260 military sites are listed on or proposed for listing on the Superfund National Priorities List (the most dangerous hazardous sites in the country).

Several federal laws have language that specifically exempts federal and national defense activities from compliance.  In general, the federal government is not bound by its own laws unless compliance is specifically stipulated.   Although the military has argued it abides by the same laws as the private sector, it is often not subject to enforcement actions or penalties for noncompliance, even if this noncompliance results in damage to human health and the environment.

The legal doctrine of sovereign immunity exempts the federal government from compliance with federal law.  The only exceptions are those federal laws that clearly stipulate federal entities are not exempt.

In those laws where Congress has attempted to waive sovereign immunity, the language has often been vague as to intent.  Without clear and concise direction from Congress, subsequent appeals in federal court have favored the sovereign entity.  As a result, the EPA still does not have sufficient authority to impose fines or penalties when a federal entity, including the U.S. military, does not comply with most federal environmental laws.

The Unitary Executive doctrine, developed in the early years of the Reagan administration, stipulates the Executive branch of the federal government is a whole, indivisible unit.   Under this doctrine, one federal office of the Executive Branch cannot take another to court.  The U.S. Environmental Protection Agency, for instance, cannot take the Department of Defense (DoD) to court under this doctrine.  Instead, disputes between departments within the Executive branch of the federal government are forwarded to Office of Management and Budget. 

The MERA would make the U.S. Department of Defense, defense-related agencies, and defense contractors subject to all federal and state environmental, worker, and public safety laws.  It would remove military exemptions from the Emergency Planning and Community Right to Know Act, the Clean Air Act, the Clean Water Act, the Oil Pollution Act, and many other important laws. 

The bill would clarify that U.S. EPA has full authority to enforce military compliance with these laws, and would direct EPA to actively use its authority.  The President could still utilize the national security exemption to release the military from regulations that would truly impair its combat effectiveness. 

How can we pass the MERA?

You can help by joining our Healthy Communities Campaign to make the military accountable to our laws and our communities.  Contact CSWAB so we can add your name or your organization’s name to the list of endorsers, and encourage others to do the same. 

You can also contact your congressional representatives and urge them to support the Military Environmental Responsibility Act. 

Endorsement forms and sample letters are available by calling CSWAB at (608) 643-3124 or on our website at www.cswab.com. 

The Healthy Communities Campaign is a joint project of:

Citizens for Safe Water Around Badger
Military Toxics Project
The Environmental Health Coalition

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Sample letter endorsing the Military Environmental Responsibility Act

Wisconsin’s Congressional Delegates

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