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NAFTA NOTES
Friday, September 24, 1993
Court Rules in Administration's Favor on NEPA
* In a ruling handed down this morning, the three judge panel of
the Court of Appeals for the District of Columbia announced its
unanimous decision that the National Environmental Policy Act (NEPA)
does not require the Clinton Administration to prepare an environmental
impact statement in connection with the NAFTA. The court ruled that
"[b]ecause we conclude that NAFTA is not "final agency action" under the
APA, we reverse the decision of the district court and express no view
on the government's other contentions."
Returning from his trip to Florida, President Clinton said,
"First, I applaud this decision. And second, I want to emphasize that
if this agreement goes through, it will lead to improvements in the
environment and increased investment on the Mexican side of the border
in environmental cleanup." This decision reversed the June 30 decision
of Judge Charles Richey, which had raised uncertainty about the
Administration's ability to go forward and seek Congressional approval
of NAFTA.
In a press briefing -- by NAFTA Coordinator William Daley,
USTR Mickey Kantor, EPA Administrator Carol Browner, Associate Attorney
General Webb Hubbell and Under Secretary of State Tim Wirth --
Ambassador Kantor said that the Administration was "gratified" by the
court's decision to overturn Judge Richey's ruling, and noted "that the
Richey decision raised in the minds of many the feeling that NAFTA could
have an adverse impact on the environment. Nothing could be further
from the truth." EPA Administrator said, "I welcome the court's
decision because the decision is good for NAFTA, and NAFTA is good for
the environment," and called NAFTA "the most environmentally sensitive
trade agreement in history."
Senator Max Baucus (D-MT), Chair of the Senate Environmental
and Public Works Committee and the Senate Finance Trade Subcommittee,
said: "Today's decision removes a potential procedural roadblock for
NAFTA. Coupled with last week's send-off at the White House, NAFTA is
on a winning streak -- not a long one -- but a winning streak
nonetheless." Rep. Ron Wyden (D-OR) called the environmental side
agreement "an unprecedented linking of environmental protection to
trade", and said the decision cleared the way for Congress to decide the
real question on NAFTA: "Isn't it better to pass this NAFTA that permits
monetary penalties and trade sanctions for environmental violations,
than to sit by while pollution increases under the status quo?"
NAFTA Fact
The six national environmental groups that have endorsed NAFTA
represent 7.5 million members, some 80 percent of those belonging to
environmental groups.