Global Free Pollution

NPR ran an interesting piece this morning on apparent pollution coming from a Canadian smelter contaminating the upper Columbia River here in Washington State. The Bush EPA surprised many people in 2003 by issuing an order for the smelter to pay for a study of the problem. Less surprising is that the EPA has done nothing to enforce the order. Frustrated Indians brought suit to force the smelter to comply and a panel of the US Court of Appeals for the 9th Circuit agreed with the Indians. The Republican dominated Supreme Court is still in position to overturn the ruling, and the Bush EPA could still rescind the order.

The business communities on both sides of the border are outraged that a court has ruled the citizens and government of a polluted nation have the right to seek recourse from the polluter, even if the transgressor is located in another country. What in fact is outrageous is that the North American Free Trade Agreement did not address this issue. A sensible trade agreement between the US, Canada and Mexico should have included meaningful provisions regarding such issues as pollution prevention, fair labor standards and consumer protections. But representatives of those interests are not allowed to participate in multi-national trade talks. Only business interests and the governments they influence participate in such talks.

The only thing free about such trade agreements is the freedom for businesses to be insulated from government regulation, and freedom for them to pollute, treat workers unfairly and ignore consumer protections.