Author ORCID Identifier

0000-0001-9690-0326

Document Type

Article

Publication Date

2023

Keywords

U.S. military, Climate change, Military installations, Infrastructure, National security adaptation, Readiness and Environmental Protection Integration Act, Bipartisanship

Abstract

The Department of Defense (DoD) is the largest employer in the world, owns and operates an enormous global real estate portfolio, and emits more Greenhouse Gases (GHGs) than many nations. Entrusted with the national security, the DoD is now threatened by a new enemy—climate change. Climate change imperils national security infrastructure while undermining the military’s capacity to respond to climate-driven disasters at home and abroad. However, legal scholarship has yet to address what I call “the law of national security adaptation” and related questions. For example, how do environmental and climate change laws apply to the U.S. military? What laws can be employed to safeguard military installations from rising seas, extreme weather, and other climate risks?

This Essay addresses these questions, inspired by my experience as an environmental attorney in Norfolk, Virginia—home to the largest navy base in the world. I first describe how climate change has become a new “environmental enemy” that threatens national security property around the globe. Second, I describe and analyze how the law of national security adaptation has developed to apply to environmental law and property law to encompass climate adaptation efforts on military installations. In doing so, the law of national security adaptation brings together constitutional law, an amalgamation of executive branch directives and regulations, and climate legislation designed to safeguard military infrastructure. Last, I argue that insights for climate adaptation more generally can be gleaned from the military’s experience addressing climate change. Somewhat surprisingly, congressional action on national security adaptation has been a beacon of bipartisanship. It has kept the climate adaptation “flame” alive when climate action was being extinguished elsewhere. The law of national security adaptation thus offers broader, normative insights for adaptation efforts outside the military fence line.

First Page

126

Publication Title

Northwestern University Law Review Online

Comments

Copyright 2023 by Mark Nevitt

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