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BILL AND THE BOYS ARE BACK

All major U.S. trade negotiations have now been hit by Bill Clinton's favorite toy, i.e. an executive order. Signed November 16, 1999 Executive Order 13141 was entered into the Federal Register on November 18, 1999. Oh happy day!

Perhaps you were out shopping for Christmas at the time, or even preparing for Thanksgiving while Clinton continued his destruction of this nation's industrial and commercial base. Al Gore was there too-silent and accepting as always, hoping this would also help him to gain the vote of extreme environmentalists.

Over the last year, I had come across indications that the extremists were trying to have the requirements of the National Environmental Policy Act (NEPA) play a direct role in international trade. They have succeeded via this Executive Order as things now stand.

Wordsmithing is what this Administration does best. This document is no exception. The term environmental review is used rather than environmental assessment (EA) or environmental impact statement (EIS). NEPA is not referenced, yet Section 3. (a) calls for the implementation of Executive Order 13141 to be overseen by the U.S. Trade Representative and the Chair of the Council on Environmental Quality (CEQ). The Chair of the CEQ answers directly to the President. To put things into perspective…in a normal world there would be a god and then the CEQ. Under this Administration there is the CEQ and then there is a god! I'm sure all non-believers will also get my drift. The magnitude of this environmental egotism cannot be over-stated.

Trade agreements affected by this action include comprehensive multilateral trade rounds; bilateral or plurilateral free trade agreements, and major new trade liberalization agreements in natural resource sectors. Agreements reached in connection with enforcement and dispute resolution actions are not covered by this order. This is code for we won't be needing an environmental review before we bomb Kosovo again!

These reviews will be written and initiated through a Federal Register notice, outlining the proposed agreement and soliciting public comment and information on the scope of the environmental review of the agreement. Supposedly, they will be undertaken sufficiently early in the process to inform the development of negotiating positions, but shall not be a condition for the timely tabling of particular negotiating proposals. Goodness only knows what that really means!

An especially interesting requirement in Section 5 (iv) is that these reviews will be made available in draft form for public comment, where practicable. Their wording not mine! Does this mean that if Bill and the boys decide its just too much for the illiterate general public to take in, that they will spare us the details and take further control of our destinies? I suppose we will be expected to limit our trade negotiations to the shopping channel and they will take care of the big picture!

But don't get too discouraged, because the public will get to see the FINAL FORM. Do you feel totally irrelevant as yet? You should! Of course, final form could come to have new meaning in this scenario. Just ask yourself how many trade agreements would or could ever be finalized with this mechanism. But perhaps in the new millenium time will move more quickly. Perhaps we can get environmental reviews done on the Internet and call it good! However, there are even more important and relevant questions to be asked.

Questions such as, is this a very clever way of shutting down activities within the United States? Activities that for many legitimate reasons, have not come under NEPA. Activities that the extremists want to control, but haven't found the mechanism until now. Section 5 (b) indicates that the general focus of these environmental reviews will be impacts in the United States. As appropriate and prudent, reviews may also examine global and transboundary impacts.

How will food produced for export be affected? Will environmental reviews be required to look at use of water, chemicals, rotation, etc. etc. and have the FINAL FORM approval before products can go to market. This expansive reach of this fairly short document deserves to be looked at and discussed with your elected officials. Easy, quick, and dismissive answers on anybody's part should not be accepted. Time is of the essence!

It's worth taking a look at Executive Order 13141 (64FR63169, November 18, 1999). It's also worth remembering that Clinton's abuse of the privilege of Presidential Executive Orders is his legacy to this national. Thanks a lot Bill!

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