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