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How International Trade Pacts Threaten California's Environmental Laws
International trade agreements like the World Trade Organization
(WTO) and the North American Free Trade Agreement (NAFTA)
have already been used to trump national environmental priorities. The
U.S. Clean Air Act regulations were weakened after Latin American
petroleum-producing countries successfully challenged them at the
WTO in 1995. U.S. laws to promote dolphin-safe tuna fishing, protect
sea turtles from shrimpers, reduce auto emissions, and prevent destructive
invasive species from entering the U.S. amid other imported goods
have been similarly challenged or threatened at the WTO.
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| California has been at the forefront of efforts to protect communities from air and water pollution, toxic waste, and other environmental
threats, but international trade rules have been used to challenge them. |
To date, much of the concern over the impact free trade agreements
have had on the environment has focused on how these trade deals have
limited national governments’ rights to set environmental priorities. But
trade agreements negotiated by the U.S. Trade Representative (USTR)
can have significant implications over state law as well. There has been
increasing awareness that not only are U.S. national environmental laws
under attack at international trade forums, but state and local environmental
laws and safeguards are also potentially at risk under global trade
rules.
The prospect of California’s environmental laws and regulations
being second-guessed by trade tribunals threatens three decades of democratic
efforts to make California’s environmental oversight responsive to the needs of the state’s ecology and people.
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