Warning: TTIP Aims To Defang Local Rules Against Hazardous Chemicals

http://www.commondreams.org/news/2015/09/22/warning-ttip-aims-defang-local-rules-against-hazardous-chemicals

Preempting the Public Interest: How TTIP Will Limit US States’ Public Health and Environmental Protections (pdf) is based on an analysis of the European Commission's proposed chapter on regulatory cooperation from the April 20 round of negotiations. The report follows other analyses of the text which conclude that the TTIP poses a threat to human rights, environmental protections, and democracy on both sides of the Atlantic.

Beyond the regulatory cooperation chapter, little else is known about the content of the closed-door negotiations over what is set to be the largest bilateral "trade" deal in history.

The chapter's contents, warns CIEL, highlight the direct threat the TTIP poses to public health and environmental protections on the U.S. state level. This is especially troublesome, the report argues, because federal regulations under the Toxic Substance Control Act have proven "egregiously ineffective"—and could be even further eroded, thanks to the influence of the chemical industry in Congress.

In contrast, some state governments have taken the lead in responding to the dangers posed by fracking chemicals, pesticides, and hazardous products by adopting "more than 250 laws and regulations protecting humans and the environment from exposure to toxic chemicals," the report says.

However, so-called "harmonization provisions" in the EU's proposal could force states to conform to the lowest common denominator—in this case weaker federal guidelines. As Sharon Treat, attorney, co-author of the report and former Maine state legislator, explained to Common Dreams, "The bottom line is if you're trying to make the U.S. compatible with an international standard, and you have minimal federal regulations on the U.S. side, and you have states that go beyond that, the provisions will be used to attack state chemical and pesticide regulations."

What's more, the report asserts, the proposed chapter calls for an imposition of "multiple procedural mandates—from an early warning system to regulatory exchanges to the trade and cost-benefit impact assessments—that will lead to a regulatory chill caused by delay, increased costs for government, fear of legal challenges, and heightened industry influence and conflicts of interest."