The Military Munitions Rule and Environmental Regulation of Munitions

Abstract

In the current post-Cold War era, when the need for combat readiness no longer seems necessary, the training activities of the United States military have come under fire. Military training sites across the nation are littered with spent munitions and unexploded ordnance, the result of decades of weapons development and training exercises. The problem is that these military munitions contain materials and chemicals which are potentially hazardous to the environment, and their destruction and cleanup pose special environmental and safety concerns. Congress has tried to strike a balance between the United States military's need for continued training and the Environmental Protection Agency's (EPA) desire to have the military clean up its hazardous waste sites. To do this, Congress enacted the Military Munitions Rule (Munitions Rule), which, if administered properly, is designed to effectively accomplish the goals of both the military and the EPA. However, the Munitions Rule is already the subject of litigation and controversy, leading some to question its actual effectiveness.