U.S. Fast Track Conference Bill Neither Reflects America's Environmental Values nor Addresses Fundamental Problems with Investment Rules

July 29, 2002

Re: Oppose H.R. 3009, the Fast Track Conference Report

Dear Member of Congress:

On behalf of the more than one million members of our organizations, we urge you to oppose H.R. 3009, the fast track conference report. Trade agreements should promote environmental stewardship and guard against the weakening of environmental standards. Unfortunately, the conference report fails to meet that test.

The bill fails to address serious concerns with investor lawsuit rules like NAFTA's Chapter 11. It fails to ensure that non-discriminatory environmental protections are not subject to unjustified challenges by foreign investors. It also fails to ensure that international companies are not granted expropriation rights beyond those established by U.S. Supreme Court case law and must maintain "minimum treatment" rules no greater than the Constitutional due process standard.

The conference report deliberately fails to ensure parity between enforcement of environmental and commercial provisions in future trade agreements. For example, it includes language added by Senator Gramm (R-TX) that would severely limit the circumstances in which trade measures could be used to address countries' failure to enforce their environmental laws. In several respects, it marks a major step back from the bipartisan Jordan Free Trade Agreement and NAFTA environmental side agreement.

The conference report poses other serious environmental concerns. It fails to provide adequate protection for Multilateral Environmental Agreements, and provides only minimal assistance to help other countries improve their environmental standards. In addition, it would block environmental progress by promoting harmful regulatory tests and attacking consumer labeling as a barrier to trade.

In order to restore the public's confidence in trade, Congress should support agreements that advance environmental stewardship and safeguard our environmental standards. We urge you to oppose the fast track conference report, because it simply does not meet these standards.

Sincerely,

Stephen Porter Senior Attorney Center for International Environmental Law	Robert Dewey Vice President for Government Affairs Defenders of Wildlife
Martin Hayden Legislative Director Earthjustice	Sara Zdeb Legislative Representative Friends of the Earth
Andrea Durbin National Campaigns Director Greenpeace	Mary Minette Legislative Director League of Conservation Voters
Lexi Shultz Legislative Director Mineral Policy Center	Kevin Curtis Vice President, Government Relations National Environmental Trust
Paul Joffe Director, International Program National Wildlife Federation	Alyssondra Campaigne Legislative Director Natural Resources Defense Council
Dan Seligman Director, Responsible Trade Program Sierra Club	Anna Aurilio Legislative Director U.S. Public Interest Research Group