Presidential Determination Concerning the Air Force’s Jet Fighter Training Operations in Idaho, Oregon, and Nevada

This is a Presidential Determination (No. 2026-07) issued by President Donald J. Trump on April 20, 2026.The document grants a one-year exemption to the United States Air Force for its jet fighter training operations in Idaho, Oregon, and Nevada, shielding them from federal, state, and local water pollution regulations under the Clean Water Act (specifically Section 313).Duration: The exemption is effective for one year, from April 20, 2026, to April 20, 2027.Legal Basis: The President invoked his authority under 33 U.S.C. 1323(a), which allows the President to exempt federal facilities or activities from water pollution requirements if it is determined to be in the "paramount interest of the United States."Specific Litigation: The memorandum explicitly references ongoing litigation in the case Oregon Natural Desert Ass’n v. Meink (Case No. 2:23-cv-01898) in the District of Oregon.This lawsuit involves environmental concerns over the Air Force's use of chaff (aluminum-coated glass fibers) and flares during training exercises in the Paradise North Military Operations Area.Limitations: The exemption does not apply to the requirements of 33 U.S.C. 1316 (National Standards of Performance) or 1317 (Toxic and Pretreatment Effluent Standards).The action was framed by the White House as a move to ensure military readiness and "lethality" by removing regulatory barriers that could hinder training exercises. Supporters, particularly in Nevada (home to Nellis Air Force Base), have characterized it as a victory for national defense that prevents "weaponized litigation" from grounding essential pilot training.Conversely, environmental groups involved in the referenced litigation have expressed concerns that the waiver sets a precedent for bypassing the Clean Water Act and could lead to unregulated accumulation of military materials in sensitive desert ecosystems.