Federal Implementation of the North American Agreement on Environmental Cooperation

This executive order implements the North American Agreement on Environmental Cooperation (NAAEC), the environmental side agreement to NAFTA. It designates the EPA Administrator as the U.S. representative to the Commission for Environmental Cooperation, establishes policy priorities for trilateral environmental cooperation, and creates mechanisms for state consultation and public participation in environmental dispute resolution and Commission activities.

Federal Register 59 FR 25775

No PDF available for this document.

Key directives

EPA Administrator shall be U.S. representative on Council
EPA Administrator shall work actively to consider environmental effects of NAFTA on ongoing basis
EPA Administrator shall develop procedures to inform public of arbitral proceedings and Commission activities
EPA Administrator shall establish governmental committee to advise on implementation
EPA Administrator shall utilize National Advisory Committee under Article 17
EPA designated as agency authorized to make U.S. contributions to Commission annual budget
U.S. shall support preparation of factual records when warranted by Secretariat
U.S. shall support public disclosure of nonconfidential Commission information
U.S. shall provide public notice of roster for arbitral panel candidates
U.S. shall seek to ensure public versions of dispute settlement submissions and reports
U.S. shall inform States on continuing basis of matters directly relating to them
U.S. shall include state representatives in delegations where appropriate

Who is ordered

EPA Administrator · Environmental Protection Agency

Timeline

Immediate

EPA Administrator designated as U.S. representative to Council
Policy priorities for Council established
EPA designated as agency for U.S. budget contributions to Commission

Near term (90d)

EPA Administrator to develop public information procedures for arbitral proceedings
Establishment of governmental committee for state consultation

Long term

Ongoing review of NAFTA environmental effects
Continuing state consultation on matters under Agreement
Annual U.S. contributions to Commission budget

Risks & tensions

Soft obligation language ('shall endeavor,' 'to the greatest extent practicable,' 'where appropriate') limits enforceability of transparency and state consultation provisions
Judicial review disclaimer (Section 5) prevents private enforcement of any procedural rights
Potential tension between trade liberalization goals and environmental protection objectives delegated to same administration
State consultation mechanism may create friction with federal preemption in trade policy