DoD Energy Initiatives 1 Our Clients Operation Pacific Horizon 11 Maritime Preposition Force Training 3d Battalion/5th Marines Experimental Forward Operating Base Afghanistan Combined Heat & Power Plant Twentynine Palms, CA

DoD Energy Initiatives Policy Objectives National Security and the Threat of Climate Change CNA Corporation, Military Advisory Board 2

DoD Energy Initiatives National Security and the Threat of Climate Change –Findings: 1.Projected CC poses serious threat to America’s NatSec. 2.CC acts as a threat multiplier for instability in some of the most volatile regions. 3.CC will add to tensions even in stable regions. 4.CC, NatSec, and energy dependence are a related set of global challenges. 3

DoD Energy Initiatives 4 National Security and the Threat of Climate Change –Recommendations: 1.NatSec consequences of CC should be fully integrated into NatSec and National Defense strategies. 2.U.S. should commit to stronger national and international role to help stabilize CC at levels that will avoid significant disruption. 3.U.S. should commit to global partnerships that help less developed nations build the capacity and resiliency to better manager climate impacts.

DoD Energy Initiatives National Security and the Threat of Climate Change –Recommendations: 4.DoD should enhance its operational capability by accelerating adoption of improved business processes and innovative technologies that result in improved U.S. combat power through energy efficiency. 5.DoD should assess impact on U.S. military installations of sea level rises, extreme weather events and other CC impacts over next 40 years. 5

DoD Energy Initiatives Legal Drivers of DoD Energy and Environmental Policy “Intelligence community assessments indicate climate change could have significant geopolitical impacts around the world, contributing to poverty, environmental degradation, and the further weakening of fragile governments. Climate change will contribute to food and water scarcity, increase the spread of disease and may spur or exacerbate mass migration. While Climate change alone does not cause conflict, it may act as an accelerant of instability placing a burden to respond on militaries around the world. Extreme weather events may lead to increased demands for defense support to civil authorities for humanitarian assistance or disaster response within the U.S. and overseas.” QUADRENIAL DEFENSE REVIEW 18 U.S. CODE § 118 6

DoD Energy Initiatives Legal Drivers of DoD Energy and Environmental Policy “DoD will conduct will conduct a coordinated energy assessment, prioritize critical assets, and promote investments in energy efficiency to ensure that critical installations are adequately prepared for prolonged outages caused by natural disasters, accidents, or attacks. At the same time, DoD will take steps to balance energy production and transmission with the requirement to preserve the test and training ranges and the operating areas that are needed to maintain readiness. QUADRENIAL DEFENSE REVIEW 18 U.S. CODE § 118 7

DoD Energy Initiatives Let’s Talk about Sovereign Immunity… Nearly every Federal environmental statute has a waiver. The Anti-Deficiency Act (31 U.S. Code § 1341) – Every dollar we spend is taxpayer money. 8

DoD Energy Initiatives Clean Air Act, Section 118 Federal agencies: –Substantive & procedural requirements –Exercise of administrative authority + Process and sanction, enforced in court/otherwise –Any fees or charges imposed to defray the costs of air pollution regulatory program Good Neighbors Fleet Vehicle and POV Inspection and Maintenance Requirements & Presidential Exemption 9 “shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of air pollution in the same manner, and to the same extent as any nongovernmental entity.”

DoD Energy Initiatives Commercial Development of Renewable Energy OSD Clearinghouse MARADMIN 541/11 – Combatability Assessments Withdrawn Lands Energy Contracts under 10 U.S.C. § 2922a 10

DoD Energy Initiatives NEPA and Greenhouse Gas Emissions Draft CEQ Guidance of 18 February 2011 (75 Fed. Reg. 8046) HQMC NEPA Manual –Cumulative Impacts –Quantify GHG for each alternative –Discuss mitigation and adaptation 11

DoD Energy Initiatives Legal Drivers of DoD Energy and Environmental Policy Specific Statutory and Executive Requirements: –EO –EO –Energy Independence and Security Act (EISA –EPAct 12