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Rachel Jacobson and
Matthew Ferraro authored their second annual analysis of
how the US's massive yearly defense authorization legislation
could impact energy, the environment and natural resources, and
legal practitioners in these areas. Their article was published in
the March 2019 issue of Environmental Law Reporter, a
publication of the Environmental Law Institute.
Titled "
Environmental Deconfliction 2019: The National Defense
Authorization Act (NDAA) for FY2019," this year's
analysis once again makes the point that the annual legislation
that funds Department of Defense (DoD) activities, has
"worldwide ramifications" and "may be one of the
most significant pieces of energy and environmental legislation
most people have never heard of."
Of the current fiscal year's funding bill, Ms. Jacobson,
WilmerHale special counsel, and Mr. Ferraro, senior associate,
write: "While political debates about climate change continue
and plans for infrastructure investment move slowly, the NDAA takes
significant steps in both areas— improving the resilience of
DoD installations to meet climate change risks, preparing for a
warming Arctic, authorizing DoD to invest directly in community
infrastructure, and many others. It also authorizes millions of
dollars to study the effects of fire-suppression chemicals called
per-and polyfluoroalkyl substances (PFAS) that may pose a
substantial litigation risk for DoD, corporate manufacturers, and
others. Considering that all of this legislative activity falls
under the umbrella of national security, the NDAA's energy and
environmental policy choices do not map clearly onto familiar
political labels."
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