Global Environmental Health; Trade Laws and States

Environmental law and policy in the U.S. has evolved into a state/federal relationship that uses federal law to set a base, and state law for stricter standards or novel approaches. With the advent of globalization, governed by international trade agreements (mostly the World Trade Agreement and, in this country, the NAFTA), environmental laws, especially the laws adopted and administered by the states, can be challenged by foreign countries and foreign investors. Of the 49 claims by investors under NAFTA, over half address environmental policies, specifically laws regulating chemicals, health protection and food safety. Laws on the transportation and use of water have been challenged, complicating water needs along the U.S. Mexico border and with water imports from Canada.

Challenges against state law is particularly concerning, considering the progressive nature of these laws to curb chemicals that affect human health. Regulations on MBTE, PDBEs, PCBs, phthalates and bisphenyls mandated by state law could and will be challenged as violations of international trade agreements.

Overall Goal

To enlighten participants as to the rules governing these agreements, and how best to design policies that follow these rules without jeopardizing the health measures these laws are seeking to protect.