8 Critical Changes to NAFTA to Prioritize People and Planet
As this process moves forward, the Natural Resources Defense Council (NRDC), Sierra Club and our partners across a broad range of sectors are calling on the administration to include eight critical issues among their priorities in changing NAFTA, outlined below. We want to ensure that any new provisions in NAFTA result in a transparent agreement that supports—and does not undermine—a more stable climate, clean air and water, healthy communities, indigenous peoples and good jobs.
In the 23 years since NAFTA's signing, the economies of Mexico, Canada and the U.S. have become intertwined and interdependent, with $1.1 trillion in trade moving among the three countries in 2016. During those decades, too, new issues such as climate change, clean energy and sustainability, have moved to the forefront of international relations. So, while it remains unclear exactly how and to what extent the Trump administration will change this accord, there are several critical provisions that should be included to improve the lives of people living and working in all three countries and the environments they depend on.
NRDC is pleased to ally with 350.org, Center for Biological Diversity, Center for Food Safety, Defenders of Wildlife, Earthjustice, Friends of the Earth, Global Exchange, Green America, Greenpeace USA, Institute for Agriculture and Trade Policy, League of Conservation Voters, Food & Water Watch, Sierra Club and U.S. Human Rights Network in calling on the Trump administration to include the following eight issues among their priorities in changing NAFTA:
1. Eliminate rules that empower corporations to attack environmental and public health protections in unaccountable tribunals. NAFTA's investor-state dispute settlement system allows multinational corporations—e.g. ExxonMobil and TransCanada—to bypass our courts, go to private tribunals and demand money from taxpayers for policies that affect corporate bottom lines. Corporations have used NAFTA to challenge bans on toxic chemicals, decisions of environmental review panels and protections for our climate. They have extracted more than $370 million from governments in these cases and pending NAFTA claims total more than $50 billion. What's more, the cases are heard not by judges, but by corporate lawyers outside the normal court system.
2. Incorporate strong, enforceable environmental and labor standards into the core text of the agreement. To address environmental and labor issues, NAFTA created side agreements which are non-binding and have limitations. As a result, they have been relatively ineffective. To ensure that the new terms of a revised trilateral trade agreement create and uphold a fair playing field for environmental and labor conditions, these two areas must be included inside the core text of the agreement. That means that a country that fails to live up to its environmental obligations will be subject to trade sanctions similar to the existing provisions for violation of commercial parts of the agreement. This will also require that countries live up to existing international agreements and address environmental challenges such as critical conservation challenges related to illegal timber trade, illegal wildlife trade and fisheries management.
3. Protect energy sector reform from backward-looking rules. NAFTA's energy chapter limits Canada's ability to restrict production of climate-polluting fossil fuels such as tar sands oil. The chapter, written before awareness of climate change was widespread, must be eliminated. Other NAFTA rules allow renewable portfolio standards, low-carbon fuel standards and other climate-friendly energy regulations to be challenged for impeding business for foreign fossil fuel firms. Such rules must be narrowed to protect climate policies in each country.
4. Restrict pollution from cross-border freight vehicles. NAFTA encouraged a rise in cross-border motor carrier traffic without doing anything to mitigate the resulting increase in harmful vehicle emissions. Any deal that replaces NAFTA must require cross-border freight vehicles to reduce emissions in order for their goods to benefit from reduced tariffs. In addition, all cross-border commercial vehicles must be required to comply with all state and federal standards to limit pollution.
5. Require green government purchasing instead of restricting it. NAFTA's procurement rules limit governments' ability to use "green purchasing" requirements that ensure government contracts support renewable energy, energy efficiency and sustainable goods. Any changes to NAFTA must require signatory governments to include a preference for goods and services with low environmental impacts in procurement decisions.
6. Bolster climate protections by penalizing imported goods made with high climate emissions. NAFTA allows firms to shift production to a country with lower climate standards, which can spur "carbon leakage" and job offshoring. To prevent this and encourage greater climate action from high-emissions trading partners, each country should be required to impose a border fee on imported goods whose production causes significant climate pollution.
7. Require governments to prioritize policies that minimize climate pollution. While NAFTA restricts climate policies that limit trade or investment, any replacement deal must instead put climate first. This includes requiring governments to use a "climate impact test" for policymaking, in which potential climate impacts of policy proposals are reported and weighed.
8. Add a broad protection for environmental and other public interest policies. NAFTA's many overreaching rules restrict the policy tools that governments can use to protect the environment and other broadly-shared priorities. NAFTA includes no provision that effectively shields public interest policies from such rules—only a weak "exception" in Article 2101 that has consistently failed to protect challenged policies. Instead, any deal that replaces NAFTA must include a broad "carve-out" that exempts public interest policies from all of the deal's rules.
If President Trump moves forward with altering NAFTA, any renegotiations must be conducted transparently through open processes, providing the public in all three countries with the opportunity to participate. We and our partners in the environmental, labor, health, consumer, agricultural and other communities will be eager to see whether President Trumps supports a renegotiated NAFTA that supports—and does not undermine—a more stable climate, clean air and water, healthy communities, indigenous peoples and good jobs.
Amanda Maxwell is the director of the Latin America Project at the Natural Resources Defense Council. Anthony Swift is the director of the Canada Project and the International Program at the Natural Resources Defense Council.
Jean-Marc Neveu and Olivier Civil never expected to find themselves battling against disposable mask pollution.
When they founded their recycling start-up Plaxtil in 2017, it was textile waste they set their sights on. The project developed a process that turned fabrics into a new recyclable material they describe as "ecological plastic."
Mounting Piles of Waste<p>It is not only the streets of Chatellerault where pandemic pollution is piling-up, but also the world's beaches and oceans. Once there, they can take up to 450 years to degrade and disappear.</p><p>Esther Röling, co-organizer of the annual Adventure Clean Up Challenge held on Hong Kong Island, has seen this waste firsthand. In October the sports challenge pitted teams against one another in a competition to remove trash from 13 hard-to-reach coastal areas around the city.</p><p>They find tons of both disposable and reusable masks, said Röling. "You wonder how it ended up there. Was it just thrown on the ground? Or was it in a garbage bag that broke open?"</p><p>Almost 10,000 kilometers away in Antibes on the sunny French Riviera, it's a similar picture. For the past few months, divers and clean-up volunteers working with an ocean clean-up non-profit called Operation Mer Propre have been collecting an increasing number of masks found on land and in the sea.</p><p>"Since the beginning of the lockdown when we started to count, we've reached 800, 900, [and now in total] 1000 masks," said co-founder Joko Peltier. </p><p>According to <a href="https://unctad.org/news/growing-plastic-pollution-wake-covid-19-how-trade-policy-can-help" target="_blank">UN estimates</a>, up to 75% of all coronavirus-related plastic could end up as waste in oceans and landfills.</p>
The Limits of Recycling<p>Yet not all are convinced the recycling of this waste is possible on a global scale. </p><p>"What those citizen groups are doing is really beneficial but once they collect it, it should just go to a landfill or an incinerator. They shouldn't necessarily expect it to get recycled," said Jonathan Krones, an industrial ecologist and visiting assistant professor of environmental studies at Boston College.</p><p>That's because mask recycling programs like Plaxtil are few and far between and most don't have the benefit of a readily adaptable production process. </p><p>Even in countries with solid recycling infrastructure, he says, the system is designed to separate out specific types of waste like bottles or cardboard.</p><p>"I imagine that it would be technically feasible to develop a separation process to filter out masks, but there simply aren't enough of them to make that economical," he said.</p><p>Collection is a big hurdle, he adds. Since each mask only weighs a fraction of a gram and they're scattered on roads or mixed with other trash, it is difficult and costly. </p><p>"You need a lot of raw material of the right quality to make investing in the recycling technology and the recycling system worthwhile," he said.<span></span><br></p>
Hemp, Sugar Cane and Sustainable Alternatives<p>Some projects are instead addressing the material used to make masks.</p><p>French company Geochanvre have created a mask made primarily from hemp, while in Australia, researchers at the Queensland University of Technology are experimenting with a disposable product made from agricultural waste. </p><p>Biodegradable options are exciting alternatives to reduce the fossil fuels needed for the creation of plastic-based masks, said Krones, but they don't absolve the wearer from the responsibility of what happens afterwards. </p><p>Bio-based masks often need their own composing solutions, he explains, because in landfill they can produce high amounts of the greenhouse gas methane when anaerobic bacteria feeds on the organic material. Methane is known to be significantly more potent than carbon dioxide.</p><p>"I think as long as we have in our mind that we want to have disposability, we're going to have to wrestle with a variety of different sorts of environmental tradeoffs," he said, adding that reusable, fabric masks are the best option available to most people.</p><p>Precimask is developing a clear face covering with an optional visor made from hard plastic, designed to be long-lasting.<br></p><p>Air enters either side of the cheeks through a technology normally found in pool filters and car exhaust systems, said company spokeswoman Juliette Chambet.</p><p>"We wanted to make ceramic-based filters that would be washable and cleanable, which would allow them to be reused as many times as desired without having to buy a new consumable or produce waste," she said. </p><p>Ultimately, encouraging mask wearers to think about the entire lifecycle of a mask is key, explains Neveu. </p><p>"We want people who put on the masks to realize that they are also responsible for the waste, he said. "It's not inevitable that this [pandemic] will become an environmental catastrophe.</p><p><em>Reposted with permission from </em><em><a href="https://www.dw.com/en/covid-19-recycling-pollution-trash-pandemic/a-55707817" target="_blank">Deutsche Welle</a>.</em><a href="https://www.ecowatch.com/r/entryeditor/2649032193#/" target="_self"></a></p>
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