This week, more than 120 Members of Congress sent a clear message to the United States Trade Representative: the Trans-Pacific Partnership (TPP) trade pact must have a robust, fully enforceable environment chapter that addresses the core conservation challenges of the region.
The letter comes just days before officials from the 12 governments involved in the TPP will meet in Singapore to try to make progress on an agreement that is facing increasingly steep opposition from the American public and Members of Congress.
In the letter, Members of Congress recognized that while they don’t all agree on the trade pact in general, they do all agree on the need for a strong environment chapter that builds on the so-called “May 10th Agreement,” a political agreement struck on May 10, 2007 between then-President George Bush and Congress.
The May 10th Agreement set minimum standards for all environment chapters of U.S. trade pacts. It said that environment chapters must be legally enforceable and subject to “dispute settlement,” meaning a country violating an environmental trade rule could be penalized with trade sanctions. It also required that countries uphold their domestic environmental laws in addition to commitments made in international environmental treaties.
Members of Congress have good reason to be concerned about the environment chapter of the TPP. On January 15, Wikileaks published a leaked version of the environment chapter, which environmental organizations including the Sierra Club, the Natural Resources Defense Council, and the World Wildlife Fund deemed “unacceptable.” The leaked text actually rolled back the May 10th standards. It wasn’t enforceable, and it didn’t obligate the TPP countries to uphold commitments in environmental treaties.