the installation's operating budget. An installation can sometimes negotiate for reduced fines after the
regulator, based on corrective action taken or scheduled, first proposes them.
(5) The government has imposed career penalties upon its military and civilian employees
for causing violations against an installation. Some federal employees have received criminal indictments
for violating environmental laws.
(6) Regulatory authorities are becoming more aware of their authority and more familiar
with how to use the laws and courts to enforce environmental laws. Most will not hesitate to use their
authority with regard to military installations. However, they will allow an installation a reasonable
amount of time to comply with substantive requirements, if convinced that the installation is making a
good faith effort. Similarly, command emphasis is necessary to ensure that such a good faith effort
actually occurs.
e. Lawsuits Against the Military. The legal doctrine of sovereign immunity states that the
government can be sued only with its own consent. This doctrine has its foundation in the English
common law idea, which states that a king cannot break a law, since he is the lawmaker in the first place.
(1) Recent court decisions have noted significant exceptions to this doctrine.
Environmental suits may be brought against a government official, alleging that he or she has acted as an
individual and not in an official capacity, or alleging that the official has exceeded statutory authority.
(2) Most environmental laws have clauses that specifically waive certain sovereign-
immunity privileges. Generally, federal organizations are subject to whatever agency has the permit
management and enforcement authority for a particular environmental law in that organization's
geographical area. For instance, under the CWA, the individual states are allowed to issue and monitor
permits for the discharge of pollutants into surface waters (the EPA has relinquished this authority to the
states). A military installation must obtain the necessary permits from the state, submit reports to the
state, and comply with all state-imposed effluent limitations.
(3) States may impose sanctions, such as fines, against federal polluters only to the extent
that Congress allows. States can fine federal agencies for air permit and HW violations.
f. Citizen Suits. Traditionally, if a citizen wanted to sue the government or one of its officers, a
case or controversy had to exist, and that person had to have a personal stake in the outcome. This is
usually because he or she was injured or could show economic damages. However, the courts have
recently determined that a person's interest or stake in the outcome could be aesthetic, conservational, or
recreational. Additionally, most environmental laws authorize citizens to sue the US or any other violator
of these acts. To exercise this right, the citizen must provide a 60-day notice to the alleged polluter, the
EPA, and the state. The citizen's cost of litigation can be reimbursed if the court upholds the allegation.
3-7. Summary. Army environmental regulations are based on federal laws. State and local
environmental laws apply to the area in which soldiers live and work. In a foreign country, HN laws also
apply. The Army will obey all environmental laws that apply to its installations, and the Army expects
soldiers to do the same.
EN 5702
3-6
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