Bill · S. 2226· Senate(119-S-2226)
Necessary Environmental Exemptions for Defense Act
- Introduced
- 7/9/2025
- Last activity
- 7/9/2025 — Read twice and referred to the Committee on Environment and Public Works.
- Sponsored by
- Tom Cotton
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
The "Necessary Environmental Exemptions for Defense Act" aims to exempt the Department of Defense (DoD) from certain environmental laws when countering the threat of the Chinese Communist Party. It would waive requirements under laws like the National Environmental Policy Act, the Endangered Species Act, and the Federal Water Pollution Control Act. The bill prioritizes national defense readiness and operations over environmental regulations, with the possibility of the Secretary of Defense determining appropriate environmental mitigations.
Yes
Does this give the federal government more power?+6
Expands DoD authority to bypass state and local environmental laws.
Would business owners be better off under this?+3
Defense contractors may face fewer regulatory hurdles for project completion.
The opposite· 3 of 16
Does this better protect air, water and wildlife?-8
Explicitly waives protections from NEPA, ESA, and the Water Pollution Control Act.
Does this protect the right to fair treatment by the courts?-8
Precludes courts from reviewing or restraining DoD certifications and actions.
Does this better protect public land such as parks and forests?-7
Reduces federal and state oversight of land used for DoD operations.
Who it would affect, and how
Potential Positive Impacts for People
- Section 2(d) requires the Secretary to review best practices for environmental mitigations every 5 years and update the DoD's policy. This could lead to incorporating new and better ways to reduce environmental harm, even if the DoD is exempt from certain environmental laws.
Potential Negative Impacts for People
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Section 2(b) allows the DoD to be exempt from key environmental protection laws like the National Environmental Policy Act, Endangered Species Act, Marine Mammal Protection Act, and Federal Water Pollution Control Act if activities are certified as related to countering the threat of the Chinese Communist Party. This could lead to environmental damage and harm to protected species and water quality, impacting communities and ecosystems.
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Section 2(c) states that no federal, state, or local environmental review process can replace compliance with the laws from which the DoD is exempt. This means communities and local authorities would have less say in DoD projects that could affect their environment.
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Section 2(e) prevents courts from reviewing or stopping any actions by the DoD that fall under the exemptions. This removes a check on the DoD's power and reduces the ability of people to seek legal recourse if they believe the DoD is causing environmental harm.
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Section 2(f) applies the exemptions retroactively and nullifies any ongoing legal actions related to environmental compliance. This means that current efforts to hold the DoD accountable for environmental damage could be stopped.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Business Owners+3Good For Native Americans-6Good For Farmers-4Good For Low Income Households-4Good For Rural Residents-4Good For African Americans-3Good For Children-3Good For Hispanic Americans-3Good For Young Adults-3Good For Urban Residents-2
- Environment Energy And Infrastructure
- Improves Environmental Protections-8Improves Public Land Management-7Reduces Carbon Emissions-6Reduces Fossil Fuel Production-4
- Governance And Ideology
- Increases Federal Power+6Improves Due Process-8Increase States Rights-7Improves Government Transparency-5
- 7/9/2025
- Read twice and referred to the Committee on Environment and Public Works.
- Introduced in Senate