The Intersection of Environmental Compliance and National Security

Abstract

Considered one of the most important environmental laws in the United States, the National Environmental Policy Act (NEPA) continues to be a key tool for ensuring federal agencies consider the environmental consequences of their proposed actions. This review provides a NEPA-related case study of the Department of Homeland Security (DHS), Science and Technology Directorate (S&T), research, development, test, and evaluation (RDT&E) activities within the Maritime Safety and Security Program in a coastal location. It highlights the unique challenges associated with protecting and securing sensitive information considered integral to national security interests when applying NEPA analysis—which can include an extensive series of consultations—while also ensuring compliance with related federal, state, and local laws. In addition to a case study, this review examines three hypothetical locations and associated relevant state laws, permits, authorizations, and environmental planning regulations to identify potential challenges to securing sensitive information. The findings of this review have practical implications for protecting sensitive national security information, while helping to better prepare for and avoid wasted time and/or expenses if incompatibilities exist between the need for protection and the public information regimes in place at non-federal levels of government.