Presidential Determination Concerning the Air Force’s Jet Fighter Training Operations in Idaho, Oregon, and Nevada
The President issued a memorandum exempting the United States Air Force's jet fighter training operations located in Idaho, Oregon, and Nevada from Federal, state, and local requirements concerning water pollution control and abatement for a one-year period, specifically from April 20, 2026, to April 20, 2027.
This action is taken pursuant to the Federal Water Pollution Control Act, based on the determination that these exemptions are in the paramount interest of the United States, particularly in relation to ongoing litigation regarding these training activities, although specific sections of the Act (33 U.S.C. 1316 and 1317) remain in effect.
Arguments For
Citing paramount interest of the United States, which provides the legal basis for overriding standard environmental regulations when national security or critical defense operations are deemed essential.
Ensuring the operational readiness of the Air Force's jet fighter training programs in key locations, which supports national defense capabilities.
Addressing ongoing litigation by providing a temporary executive solution (a one-year exemption) to allow training continuity while bypassing current procedural or judicial hurdles related to water pollution control requirements under the Clean Water Act.
Clarifying the scope of the exemption by explicitly stating it does not imply that permits would otherwise be required, nor does it limit other applicable laws, preserving certain environmental standards (specifically 33 U.S.C. 1316 and 1317).
Arguments Against
Potential negative impact on local water quality and ecosystems in Idaho, Oregon, and Nevada due to the suspension of Federal, state, and local water pollution control requirements for one year.
Setting a precedent where national defense interests can supersede established environmental protection laws (the Clean Water Act), potentially weakening enforcement mechanisms.
The timing and necessity of such a sweeping exemption, especially when litigation concerning these specific operations is already underway, suggesting an attempt to bypass judicial review.
The exemption may inadvertently increase the regulatory burden on the Air Force later, as environmental cleanup or remediation requirements may still apply once the exemption expires, creating future financial and logistical challenges.
Presidential Actions
MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
THE SECRETARY OF THE AIR FORCE
SUBJECT: Presidential Determination Concerning the Air Force’s Jet Fighter Training Operations in Idaho, Oregon, and Nevada
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323), I determine that it is in the paramount interest of the United States to exempt the United States Air Force’s jet fighter training operations in Idaho, Oregon, and Nevada (aspects of which are the subject of litigation in Oregon Natural Desert Ass‘n v. Meink, Case No. 2:23-cv-01898 (D. Or.)) from Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution.
Therefore, pursuant to subsection (a) of section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)), I hereby exempt the Air Force’s jet fighter training operations in Idaho, Oregon, and Nevada from Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution; except that no exemption is hereby granted from the requirements of 33 U.S.C. 1316 and 1317.
The exemption granted by this memorandum shall be for the 1-year period beginning April 20, 2026, and ending April 20, 2027.
Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Clean Water Act or any other provision of law would require the Air Force to obtain permits pertaining to the control and abatement of water pollution for the exempted operations; or (b) limit the applicability or enforcement of any other requirement of law applicable to the Air Force’s jet fighter training operations in Idaho, Oregon, and Nevada.
The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register.
DONALD J. TRUMP
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The document begins by identifying its audience: the Administrator of the Environmental Protection Agency (EPA) and the Secretary of the Air Force.
The subject of the memorandum concerns a Presidential Determination regarding the U.S. Air Force's jet fighter training activities in Idaho, Oregon, and Nevada.
This determination invokes Presidential authority under Section 313 of the Federal Water Pollution Control Act to exempt specific Air Force training operations from various water pollution control regulations.
The exemption is justified by declaring it is in the paramount interest of the United States.
The rationale addresses litigation concerning these operations, specifically citing Oregon Natural Desert Ass'n v.
Meink.
Consequently, the President exempts these jet fighter training operations from Federal, State, interstate, and local requirements regarding controlling and stopping water pollution.
However, this exemption specifically excludes requirements under 33 U.S.C. 1316 and 1317.
The duration of this exemption is precisely set for one year, running from April 20, 2026, through April 20, 2027.
The memorandum clarifies that this action should not be interpreted to imply that the Clean Water Act required the Air Force to obtain permits for these operations previously, nor does the exemption interfere with the enforcement of other applicable laws concerning the training activities.
Finally, the Secretary of the Air Force is instructed to formally publish this determination in the Federal Register for public record.
The document is signed by Donald J. Trump.
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