DOCSLIB.ORG

Preempting the Public Interest

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Preempting the Public Interest PREEMPTING THE PUBLIC INTEREST How TTIP Will Limit US States’ Public Health and Environmental Protections i THE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW © 2015 Center for International Environmental Law (CIEL) About CIEL Founded in 1989, the Center for International Environmental Law (CIEL) uses the power of law to protect the environment, promote human rights, and ensure a just and sustainable society. CIEL is dedicated to advocacy in the global public interest through legal counsel, policy research, analysis, education, training, and capacity building. “Preempting the Public Interest: How TTIP Will Limit US States’ Public Health and Environmental Protections” by the Center for International Environmental Law is licensed under a Creative Commons Attribution 4.0 International License. Acknowledgements This report was prepared by Sharon Anglin Treat, former legislator for the state of Maine, in collaboration with Baskut Tuncak, senior attorney at CIEL. Many thanks to David Azoulay and Carroll Muffett for helpful insights and perspectives. A special thanks to Amanda Kistler and CIEL intern Melissa E. Shapiro for their assistance and contributions. PREEMPTING THE PUBLIC INTEREST ii Contents 1 Executive Summary 2 Key Messages and Recommendations 3 I. Introduction 4 II. US State Regulation of Chemicals and Pesticides State policy on chemicals and consumer products State pesticides policy 9 III. Details of the EU’s TTIP Regulatory Cooderation Proposal US states and EU member nations (“non-central governments”) would be covered by most of the provisions of the EU’s proposed Chapter on Regulatory Cooperation Federal government oversight of US state compliance with regulatory cooperation Scope of legislation and regulations covered Enforcing the regulatory cooperation obligations 13 IV. Details of Potential USTR Regulatory Coherence Proposal Applicability to US state governments 14 V. The Impact of EU and USTR Proposals on US States 18 VI. The Impact on Public Health and Environmental Protections: The Case of Toxic Chemicals and Pesticides The regulatory compatibility and harmonization provisions will be used to attack state environmental regulations The procedural provisions of the Regulatory Cooperation Chapter will likely delay US state regulation of chemicals while increasing opportunities for industry influence and reducing the transparency of regulatory decisions 21 Conclusion 22 Endnotes iii THE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW Abbreviations AmCham EU — US Chamber of Commerce in Europe CIEL — Center for International Environmental Law CLA — CropLife America CPSC — US Consumer Products Safety Commission EPA — US Environmental Protection Agency ECPA — European Crop Protection Association EU — European Union FDA — US Food and Drug Administration FIFRA — Federal Insecticide, Fungicide and Rodenticide Act FFDCA — Federal Food, Drug, and Cosmetic Act FQPA — Food, Quality Protection Act ISDS — Investor-State Dispute Settlement MRL — Maximum Residue Levels NAFTA — North America Free Trade Agreement OIRA — Office of Information and Regulatory Affairs RCB — Regulatory Cooperation Body REACH — Registration, Evaluation, Authorisation and Restriction of Chemicals SPS — Sanitary and phytosanitary measures TBT — Technical barriers to trade TPP — Trans-Pacific Partnership Agreement TSCA — Toxic Substance Control Act TTIP — Trans-Atlantic Trade and Investment Partnership Agreement UBA — German Environment Agency US — United States USCIB — United States Council for International Business USTR — US Trade Representative PREEMPTING THE PUBLIC INTEREST 1 Executive Summary he proposed chapter on Regulato- sumers from potentially hazardous products. ticipated by the US Constitution, and in the ry Cooperation in the Trans-At- Likewise, as the US federal government has process pose significant risks not only to our lantic Trade and Investment Part- failed to respond to fracking concerns, states capacity to regulate to protect public health nership (TTIP) Agreement, the have filled the regulatory void; in 2015 alone, and environment, but also to our democratic Tlargest bilateral trade agreement in history, 226 bills addressing hydraulic fracturing were institutions. threatens the authority and independence of proposed in 33 states. US state governors, legislators, and executive The Regulatory Cooperation chapter not only agencies, and would fundamentally alter how US states have also extended regulatory au- disrupts the US legislative pathways by weak- environmental policy is developed, enacted, thority over pesticides, implementing bans, ening state regulatory authority, but it will and implemented in the United States. overseeing registrations and labels, and im- also threaten the independence of state agen- posing restrictive use standards. The US Fed- cies and regulatory bodies. The chapter would TTIP’s regulatory cooperation provisions are eral Insecticide, Fungicide and Rodenticide institutionalize new avenues for private inter- intended to reduce the cost of doing business Act (FIFRA) is actually designed to promote ests to seek to influence decision-making be- by minimizing regulation, promoting conver- co-regulation between the federal and state fore legislation is introduced and to suppress gence of regulatory standards, and defaulting governments, yet states are the predominant laws and regulations before they are enacted. to international standards developed with sig- regulator under this Act. This often leads to Industries will no longer be limited by the nificant involvement of the regulated indus- stricter standards and more stringent proto- democratic process of a legislature with public tries. These goals can only be achieved by pre- cols at the state level. New York and Califor- hearings and opportunities to provide testi- venting US states from adopting health and nia have banned several pesticide products mony, but can instead influence an unelected, environmental regulations that go beyond US deemed acceptable by the EPA, and Kansas unaccountable, and currently ill-defined in- federal standards. and Iowa are among many states that require ternational trade oversight body. more rigorous registration, application, and This regulatory agenda is being pushed by the use standards than those federally required. As proposed by the EU, an “early warning” largest chemical and manufacturing corpora- system will inject additional, behind-the- tions on both sides of the Atlantic. Largely TTIP’s Regulatory Cooperation chapter scenes industry influence that will promote frustrated in their past attempts to have the threatens to undermine these protections to newly required alternatives and trade impact US Congress preempt US state standards that public health, welfare, and safety by explic- analyses and drive a race to the bottom based go beyond federal minimums, these corpora- itly targeting US state laws and regulations on preferred “least trade restrictive” policies. tions have now turned to international trade throughout. The US has not publicly re- In addition to “paralysis by analysis,” these agreements, including TTIP, to undermine sponded to these detrimental impacts, nor harmonization requirements could also lead state regulations by other means. In the ab- addressed several of TTIP’s ambiguities that to a freeze on future protections as US states sence of comprehensive federal standards, require clarification. For example, it remains seek to avoid legal challenges by transnation- state legislatures have become the primary ve- unclear whether Investor-State Dispute Set- al corporations seeking millions of dollars in hicle for much of the United States’ chemical tlement (ISDS) arbitration will serve as an av- compensation in special arbitration proceed- regulation. Interference with state regulatory enue for recourse for non-compliance claims. ings. authority will have major implications on public health, safety, and welfare in the US. Although there have been limited efforts to The ultimate outcome of these provisions promote “good regulatory practices” and in- will dramatically impair health and environ- During the past three decades, while the fed- ternational cooperation in prior US trade and mental protections across the US, and erode eral Toxic Substance Control Act (TSCA) has investment agreements, the US regulatory the authority of US states to regulate in the proven egregiously ineffective, US states have framework has never before faced the unex- public interest. Not only is this result contrary adopted more than 250 laws and regulations pected and novel challenges that TTIP pres- to the historic role of states as the frontline protecting humans and the environment from ents. The proposals for regulatory cooperation protectors of public health and safety, it will exposure to toxic chemicals, and they have and coherence in TTIP delve deeply into the halt the innovation and responsiveness of state taken the lead in enforcing stricter pesticide internal legislative and regulatory decisions policy-makers to emerging technologies and standards. California is one of several states and choices of US states, as well as the fed- health threats, leaving millions of Americans to design chemical policies to protect con- eral government. They do so in ways not an- at risk. 2 THE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW Key Messages and Recommendations Ø The TTIP Regulatory Cooperation chap- Ø US states have wide latitude to regulate protections from toxic chemicals in the ter proposed by the EU will comprehen- to protect
Load more

Recommended publications
  • Utah Legislative Platform
    Utah Legislative Platform Category: Business Process Innovations Contact: David Fletcher State of Utah Project Initiation and Completion Dates: March 2017 – December 2018 Online/le.utah.gov December 2017 Online/Senate.utah.gov December 2018 Online/Capitol Tour December 2017 Apple Watch/Bill Watch March 2017 Alexa Skill - Utah Ballot Information - October 2018 NASCIO 2019 Executive Summary The Utah State Legislature suite of websites, social media, mobile applications, notification systems and APIs help Utahns, political subdivisions, and interested parties connect and interact with legislators and the government process. Government officials can learn about proposed and historic legislation, identify their legislator, sign up for alerts and notifications, learn what their legislators are thinking, as well as listen to recordings of committee and floor debates using the platform of interrelated services. This suite services also allow government bodies to more effectively participate in the legislative process. Delivering services and information is the core of what government does. The challenge for government is to meet and exceed expectations by delivering services and information across a variety of channels. This suite of services provides targeted notifications, information updates, and email alerts simultaneously to the public and all government officials; providing instantaneous access to information at the same time that the Legislature is receiving it. These service include: ● Le.utah.gov ● Bill Watch ● Voice Assistants ● Social Media ● Financial Disclosures The core of the legislative process is that legislators are acting on feedback received from constituents including the political subdivisions such as cities,counties and school districts. Every bill that they run started with feedback from individuals or groups wanting to make the state better.
    [Show full text]
  • Constitution of the Puntland State of Somalia
    CONSTITUTION OF THE PUNTLAND STATE OF SOMALIA December 2009 English Translation November 2011 .• Puntland State was created in 1998 through a consultative agreement among the different regions that constitute Puntland. The creation of Puntland State emerged from Somalia's failure to re-establish an inclusive national government for eight years. The people of Puntland realized they could not continue without a government. It was then decided in the constitutional conference of 1998 that Punt land would become a state that would be part of a federal Somalia. A charter was approved in that same 1998 conference and later replaced with a provisional constitution that was approved by members of the House of Representatives in 200 l. A referendum on the constitution was to have taken place in 2004, although this was not accomplished. Since it was not possible to hold a referendum on the constitution it was decided that the constitution would continue in force while undergoing review. The constitutional review process began in May 2007 and continued until June 2009. In the review process, meaningful opinions were contributed from different sectors of Puntland society, such as Somali lawyers and foreign lawyers. Therefore, the new constitution was drafted to become the law of the people of Puntland and was based on the Islamic shari'a and, at the same time, the constitution guides the system of governance, and thus brings collaboration and order among the different government institutions of the state. It is important to mention that this constitution will have an impact on the life of every Puntlander, because no nation may exist without laws, and therefore this constitution brings order among citizens and moreover entrenches their human rights and responsibilities so that they may attain social and economic development.
    [Show full text]
  • The History of the Term Limit Debate in Congress
    When a Popular Idea Meets Congress: The History of the Term Limit Debate in Congress John David Rausch, jr, West Texas A&M University abstract: This paper examines the history of the term limit debate in the United States from the days of the Articles of Confedera- tion through the 1990s. The research finds that the realities of the legislative process provide infertile ground for enacting congressional term limits. Advocates of term limits serving in Congress have not had the resources to overcome the obstacles presented by the legisla- tive process. The findings contradict the conventional wisdom that Congress responds quickly to popular ideas that sweep the nation. The legislative term limit movement emerged as a signifi- 1784, pp. 98–99). The Committee found Samuel Osgood cant political phenomenon in the early 1990s. Term limi- of Massachusetts ineligible for service since he had served tation, however, was far from a new idea (see Petracca, three years after the ratification of the Articles. Osgood 1992). In fact, the idea of placing limits on the amount of withdrew from the House (Burnett, 1964). Other del- time an elected official spends in office has been debated egates were investigated, primarily for serving beyond the since before the framing of the Constitution of the United one year for which they had been elected. Some contro- States. The novelty of the Oklahoma term limit effort in versy ensued over the exact date of election for the del- 1990 was that it was successful and that it involved the egates from Rhode Island, and they refused to vacate their mass electorate using the citizen initiative process.
    [Show full text]
  • Access to Justice in Environmental Matters: Overview of the Convention Implementation
    AC/TF.AJ-8/Inf.3 Task Force on Access to Justice Eighth meeting Geneva, 15-17 June 2015 Item 3 of the provisional agenda Substantive issue ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS: OVERVIEW OF THE CONVENTION IMPLEMENTATION Background paper1 This background paper was prepared on the basis of the synthesis report submitted to the fifth session of the Meeting of the Parties to the Aarhus Convention (30 June – 1 July 2015, Maastricht, the Netherlands), relevant findings and reports of the Aarhus Convention Compliance Committee (hereinafter – the Committee) from the previous intersessional period up to now (2011-2015)2. The document outlines systemic issues with regard to access to justice relevant to the work of the Task Force. Delegates are invited to consult this document in advance of the meeting in order to gain an overview of the status the implementation of article 9 of the Aarhus Convention and to discuss further needs to be addressed under auspices of the Task Force. 1 The document was not formally edited. 2 Available from http://www.unece.org/env/pp/cc.html AC/TF.AJ-8/Inf.3 Contents Page I. Information from the Synthesis Report presented to the Meeting of the Parties at its fifth session .......... 3 1. Article 9 - General provisions ............................................................................................................... 3 2. Ensuring access to a review procedure (article 9, paragraph 1) ............................................................ 3 3. Challenging decisions, acts or omissions not complying with article 6 provisions (article 9, paragraph 2) 4 4. Challenging acts and omissions by private persons and public authorities that contravene environmental legislation (article 9, paragraph 3) ........................................................................................
    [Show full text]
  • Improving Financial Security in the Context of the Environmental Liability Directive
    Improving financial security in the context of the Environmental Liability Directive No 07.0203/2018/789239/SER/ENV.E.4 May 2020 Study Prepared by: Valerie Fogleman, Stevens & Bolton LLP, Cardiff University School of Law and Politics Contributions to Section 11.6 Kristel De Smedt, Maastricht University, Faculty of Law Stephen Stec, Central European University, Department of Environmental Sciences and Policy Disclaimer: The information and views set out in this assessment are those of the author(s) and do not necessarily reflect the official opinion of the European Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission’s behalf may be held responsible for the use which may be made of the information contained therein. EUROPEAN COMMISSION Directorate-General for Environment Directorate E – Implementation and Support to member States Unit 4 – Compliance and Better Regulation Contact: Hans Lopatta E-mail: [email protected] European Commission B-1049 Brussels Improving financial security in the context of the Environmental Liability Directive TABLE OF CONTENTS TABLE OF CONTENTS ......................................................................................................................................................... 3 ABSTRACT .......................................................................................................................................................................... 5 EXECUTIVE SUMMARY .....................................................................................................................................................
    [Show full text]
  • Measuring Legislative Accomplishment, 1877–1994
    Measuring Legislative Accomplishment, 1877–1994 Joshua D. Clinton Princeton University John S. Lapinski Yale University Understanding the dynamics of lawmaking in the United States is at the center of the study of American politics. A fundamental obstacle to progress in this pursuit is the lack of measures of policy output, especially for the period prior to 1946. The lack of direct legislative accomplishment measures makes it difficult to assess the performance of our political system. We provide a new measure of legislative significance and accomplishment. Specifically, we demonstrate how item- response theory can be combined with a new dataset that contains every public statute enacted between 1877 and 1994 to estimate “legislative importance” across time. Although the resulting estimates and associated standard errors provide new opportunities for scholars interested in analyzing U.S. policymaking since 1877, the methodology we present is not restricted to Congress, the United States, or lawmaking. here is a growing literature in political science fraction of enacted public statutes. In addressing the need that seeks to understand the nature of lawmak- to measure legislative accomplishment, our aim is to con- Ting. This work has focused primarily on the causes struct a measure that spans a very long time period and and consequences of legislative “gridlock” (see, for exam- comprehensively assesses the legislative output produced ple, Binder 1999; Coleman 1999; Cox and McCubbins by Congress. 2004; Krehbiel 1998; Mayhew 1991; McCarty, Poole, In assessing legislative accomplishment, we are mind- and Rosenthal 2005). Although this research has in- fulofthe contributions of past work to our knowledge creased our understanding of lawmaking, restricted data about lawmaking, and we draw on that work exten- combined with limited advancement in conceptualizing sively.
    [Show full text]
  • Comprehensive Review of Legislation (Transition Phase Report)
    World Bank Governance Logo June12, 2018 IRAQ - KURDISTAN REGIONAL GOVERNMENT (KRG) Public Disclosure Authorized COMPREHENSIVE REVIEW OF LEGISLATION (TRANSITION PHASE REPORT) Drafted by the World Bank Governance Global Practice technical team (GGOMN) with the Public Disclosure Authorized support of Ch.-H. Montin, Independent Consultant and Dara Mansur Law Firm Public Disclosure Authorized Public Disclosure Authorized 1 Table of Contents Executive Summary ........................................................................................................................ 3 Acronyms ........................................................................................................................................ 4 Introduction ..................................................................................................................................... 5 1. Building on the Outputs of the June 2017 Scoping Report ................................................................................... 5 2. Verifying and Substantiating the Shura Council's Analysis .................................................................................. 5 3. Objectives and Resources of the Transition Phase ................................................................................................ 6 PART 1: DEFINING A TYPOLOGY OF LEGAL INSTRUMENTS ........................................... 8 Introduction ..............................................................................................................................................................
    [Show full text]
  • Roseville City Council
    City of Roseville 2019 Legislative and Regulatory Platform for State and Federal Advocacy 1 Roseville City Council Back row from left: Scott Alvord, Mayor John B. Allard II, Bruce Houdesheldt Front row from left: Vice Mayor Krista Bernasconi, Pauline Roccucci Roseville City Council Goals 2019 Public Safety Fiscal Responsibility Economic Development Sound and Stable Utilities A Great Downtown Infrastructure Legislative Advocacy Civic Engagement Core Neighborhoods Regional Engagement Culturally Rich Community Contents Background ����������������������������������������������������������������������������������������������������������������������������������������������������������������������������������4 Strategies for Effective Platform Implementation ����������������������������������������������������������������������������������������������������������5 Priorities For 2019 ����������������������������������������������������������������������������������������������������������������������������������������������������������������������7 Administrative Services Goal:�����������������������������������������������������������������������������������������������������������������������������������8 Community Development Goal ������������������������������������������������������������������������������������������������������������������������������9 Public Safety Goal ������������������������������������������������������������������������������������������������������������������������������������������������������11 Economic Development
    [Show full text]
  • A Review of Somalia's (& Semi-Autonomous Regions
    REPORT/RAPPORT : SF/2011/11 A REVIEW OF SOMALIA’S (& SEMI-AUTONOMOUS REGIONS) FISHERIES LEGISLATION & MANAGEMENT November 2011 Funded by European Union Implementation of a Regional Fisheries Stategy For The Eastern-Southern Africa And Indian Ocean Region 10th European Development Fund Agreement No: RSO/FED/2009/021-330 “This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the author and can in no way be taken to the views of the European Union.” Implementation of a Regional Fisheries Strategy For The Eastern-Southern Africa and India Ocean Region Programme pour la mise en oeuvre d'une stratégie de pêche pour la region Afrique orientale-australe et Océan indien A Review of Somalia’s (& Semi-Autonomous Regions) Fisheries Legislation & Management SF/2011/11 Khadija Hassan This report has been prepared with the technical assistance of Le présent rapport a été réalisé par l'assistance technique de November 2011 Funded by European Union Table of Contents Executive Summary................................................................................................... 4 Résumé Exécutif........................................................................................................ 4 Introduction............................................................................................................. 5 Methodology............................................................................................................ 7 Performance in relation
    [Show full text]
  • A Critical Discourse Analysis of Media and Residents. Bernice Thomson A
    Council Estate Discourses: a critical discourse analysis of media and residents. Bernice Thomson A thesis submitted to the University of Gloucestershire in accordance with the requirements of the degree of PhD in the school of Narural and Social Sciences December 2018 ABSTRACT The history of council estates, in England, to date spans 100 years. Over this period the societal attitude relating to housing tenure has changed to one which regards home ownership as the norm. Council housing, or social housing as it is now known, once seen as for the respectable working class, has become the place where people with the most social need are housed. This in turn has altered opinions about the residents living on the estates. This thesis, using Critical Discourse Analysis as a methodology, traces the history of working class housing and the political policies that have informed the way it has developed. In addition, collection of discourses, through research and through interviews with people who now live on council estates, has enabled a representation of how people living on the council estates are viewed. Cheltenham in Gloucestershire has been used as a case study area for the purposes of the research and has been compared with the national situation. The harsh reality of the housing crisis existing at the time of completion of this thesis (2018) and the views of current politicians, both local and national, along with the results of this research has informed a summary of the future of how working class housing might progress. DECLARATION I Bernice Thomson hereby declare that this thesis and the work presented in it is entirely my own.
    [Show full text]
  • To View the 2014 Issue of ELPAR
    Copyright © 2014 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. Environmental Law Institute and Vanderbilt University Law School August 2014 Environmental Law and Policy Volume 44, No. 8 Annual Review www.elr.info Cary Coglianese In the Courts A Truly “Top Task”: Rulemaking and Its Accessibility on Agency Websites Supreme Court’s UARG decision With Response by Andrea Bear Field tailors EPA’s climate rules Cynthia R. Farina, Mary Newhart, and Josiah Heidt In the Congress Rulemaking vs. Democracy: Judging and Nudging Public Participation That Water Resources Reform and Counts Development Act signed into law With Responses by Avi Garbow & Marna McDermott; Michael Halpern; and Michael Walls In the Agencies FWS moves wood storks from endangered to threatened status Jedediah Purdy Our Place in the World: A New Relationship for Environmental Ethics and Law In the States With Responses by E. Donald Elliott; Susan Casey-Lefkowitz; and Maine issues regulations for W. David Bridgers & Chanelle A. Johnson children’s products containing arsenic, cadmium, or mercury John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur Well-Being Analysis vs. Cost-Benefit Analysis Alexandra B. Klass and Elizabeth J. Wilson Interstate Transmission Challenges for Renewable Energy: A Federalism Mismatch Linda K. Breggin, David L. Staab, Emma T. Doineau, and Michael P. Vandenbergh Trends in Environmental Law Scholarship 2008-2013 Copyright © 2014 Environmental Law Institute®, Washington, DC.
    [Show full text]
  • Part II St. JAMES TOWN INITIATIVE NEIGHBOURHOOD and HEALTH COMMUNITY VOICES
    Part II St. JAMES TOWN INITIATIVE NEIGHBOURHOOD AND HEALTH COMMUNITY VOICES: Tackling Inequity Through a Community Based Initiative on the Social Determinants of Health By Nasim Haque Erin Moriarty Emily Anderson November 2008 Table of Contents Annex I: Project Site Map A ........................................................................................................ 3 Annex II: Project Site Map B ....................................................................................................... 4 Annex III: Visual Voices Neighbourhood and Health- Full Stories ............................................ 5 Annex IV: Steering Group Members ......................................................................................... 52 2 Annex I: Project Site Map A This map shows the outline of the project area on Google Map. It also highlights some of the services captured in the service directory available on the SJT website marked by the numbered flags. 3 Annex II: Project Site Map B GTA 2005, Orthoimagery, Toronto, Courtesy of Brock University Library, Ontario Geographic Data Exchange (OGDE). 4 Annex III: Visual Voices Neighbourhood and Health- Full Stories These photographs are powerful storytellers of how newcomers are experiencing the social and physical environment of St. James Town. These pictures were taken by 27 residents of and visitors to St. James Town. The photographers took pictures that speak to their experiences of how the St. James Town neighbourhood is affecting the health and well-being of its residents. They took over 200 photographs. Each person chose three of their photographs and wrote about them—touching on why they took each photograph and the health issues it raises. 77 stories were written in all. 54 of these 77 photos were chosen for display in the Community Voices Forum and Expo. In consultation with the photographers, words were taken from the stories to create captions for each picture that capture the essence of the photographers’ messages.
    [Show full text]