The safety of the American people or the earth; is it possible to choose which one should take priority over the other? That's been the ongoing question since President Bush provided the U.S. Navy with exemption to an environmental law that would prohibit them from the use sonar in training due to the risk posed to marine mammals, and the subsequent overruling of Bush's decision by a U.S. District judge.

Now a Government Accountability Office report claims the Pentagon hasn't provided valid argument for the exemption from three environmental laws - one being the aforementioned Marine Mammal Protection Act - nor have they proven the laws have caused interference with military operations. For their part, the Pentagon isn't thrilled with the term "exemption," saying it "unnecessarily reinforces the perception that DOD has sought to avoid its environmental stewardship responsibilities."

The Pentagon currently has limited exemptions on the Endangered Species Act, the Marine Mammal Protection Act and the Migratory Bird Treaty Act. Congress denied the exemption from the Clean Air Act, the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act. After 9/11, the Pentagon had requested limited exemptions from the six environmental laws, saying they could disrupt military procedures.

GAO concluded that there is "little evidence to support the position that providing DOD additional environmental exemptions, such as those that have been proposed from provisions of the Clean Air Act, RCRA and CERCLA, would benefit DOD training activities or improve military readiness."

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