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How NAFTA infringes on local environmental regulations

Dow AgroSciences is considering using the controversial investor-protection provisions of the North American free-trade agreement to seek compensation from the federal government over Quebec's ban on the cosmetic use of pesticides.

The company, a maker of the weed-killer 2,4-D, filed a notice of intent to submit a claim to arbitration under NAFTA in late August. The 27-page legal action was posted yesterday on the Foreign Affairs website, where it is listed as a dispute to which Canada is a party.

via globeandmail.com: Ban on pesticides may face NAFTA test

Here is Sierra Club’s assessment of 2,4-D. It is not as bad as, say, DDT, but not something an average householder would ever need to use. Limiting use and exposure is in everyone’s best interest except Dow’s, which is why they have filed this lawsuit.

I would say it infringes on a province’s right to set strict health and safety standards for its people, but if we accept that corporations have more rights than people, we would expect this kind of lawsuit to happen with more frequency.

Note that a much more egregious actor, lindane, which was deregistered by even the Bush EPA is subject of a similar challenge in Canada, and Bisphenol A is probably next.

Can’t blame the companies for exploiting loopholes (that they no doubt inserted, of course), but it seems that countries should always have the right to enforce stricter standards if they so desire.

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    Pesticide Exposure and India's green revolution

    Pesticide exposure in Punjab and Haryana is out of control. When I was growing up, the Green Revolution was idolized and idealized to degree that in hindsight seems a little excessive. But back then, this octupling of wheat and rice yields in Punjab and Haryana catalyzed the transformation of India from a country mired in famine and food shortages to one that occasionally runs out of room to store excess food. So, this story (courtesy of 3QD) caught my attention.

    Green.view | Chemical generation | Economist.com:

    IF INDIAN newspaper reports are to be believed, the children of Punjab are in the throes of a grey revolution. Even those as young as ten are sprouting tufts of white and grey hair. Some are going blind. In Punjabi villages, children and adults rare afflicted by uncommon cancers.

    The reason is massive and unregulated use of pesticides and other agricultural chemicals in India’s most intensively farmed state. According to an environmental report by Punjab’s government, the modest-sized state accounts for 17% of India’s total pesticide use. The state’s water, people, animals, milk and agricultural produce are all poisoned with the stuff.

    Ignorance is part of the problem. The report includes details of a survey suggesting that nearly one-third of Punjabi farmers were unaware that pesticides come with instructions for use. Half of the farmers ignored these instructions. Three-quarters put empty pesticide containers to domestic uses.

    The article concludes by saying that the government is encouraging the use of techniques including organic farming, more crop rotation, etc, and how this is ironically “reversing” the green revolution. But two separate issues are getting mixed up here. The green revolution was not won on excessive use of fertilizers, monoculture, excessive water use, and so on. Instead, the development of new hybrid, high yielding varieties of rice and wheat kick started the revolution. The wholesale adoption of water and input intensive agricultural techniques came along for for the ride with the rest of the revolution.

    Hopefully, the Punjab government will not stop at writing reports, but start grassroots education projects with the farmers to encourage sensible farming techniques that take the good parts of the green revolution and leave the bad parts out.

  • Autism epidemic not caused by shifts in diagnoses; environmental factors likely

    California’s sevenfold increase in autism cannot be explained by changes in doctors’ diagnoses and most likely is due to environmental exposures, University of California scientists reported. The scientists who authored the new study advocate a nationwide shift in autism research to focus on an array of potential factors in the environment that babies and fetuses are exposed to, including pesticides, viruses and chemicals in household products.

    Autism epidemic not caused by shifts in diagnoses; environmental factors likely — Environmental Health News

    One of the most common arguments you will see about a lot of mental health diagnoses is that doctors have changed their diagnostic practices significantly. While there is evidence of this occurring in diagnoses of childhood depression, anxiety, or even bipolar disorder due to the millions of dollars involved in medication and the attendant corruption, autism is different.

    This population study used 17 year data in California and concluded that diagnostic changes were only responsible for a 2 fold increase, not the seven fold increase seen. The rest is unexplained, and the authors attribute it to a confluence of environmental and genetic factors.

    And no, for the last time, VACCINES DO NOT CAUSE AUTISM!

  • Canada's Budget – FAIL on Renewables

    Canada's Conservative government released a federal budget last week that would kill off the country's main program for developing renewables and channel most of the money from a new “Green Infrastructure Fund” into carbon capture and storage CCS technology, or so-called “clean” coal.

    Of course, the carbon capture is not aimed at coal here specifically, but at the oil sands. More bad news –

    The new pro-coal budget effectively killed all support for the nation’s ecoENERGY Program for Renewable Energy (equivalent to America’s Production Tax Credit for renewables). The program was the nation’s main support mechanism for developing renewable energy. The Pembina Institute, a Canada-based sustainable energy think tank, reacts to the budget defeat:

    “The federal government’s failure to renew and expand this program has jeopardized at least 1,500 megawatts of “shovel read” wind energy projects across the country, while putting the brakes on billions of dollars of potential future investment.”

    The renewable energy industry had hoped for a five-year extension of the program in the budget, which would have spurred over $6 billion of private investment in the Canadian economy and created 8,000 jobs, according to the Institute.

    Note that this is not just the Conservatives. The Liberals are supporting this budget, and Liberal leader Michael Ignatieff has spoken glowingly about the oil sands industry.

    At this point, we do not control our own environmental future. The Conservatives are an Alberta centred party and their motivation is not surprising. The Liberals clearly want back in power and do not have the money to fight another election next month. Canadians seem to not favour the most logical option, a coalition government of the left leaning parties which make up a majority of seats and voting percentages in parliament, so the Liberals have to support the Conservative budget or face an election soon.

    With Ignatieff leading the Liberals, they know that all they need a little time to get money and reverse their losses from the previous election. His personal popularity advantage over previous Liberal leader Stephane Dion will most probably lead to better election results, especially if the Canadian economy continues to tank. A Liberal budget would have not killed the renewables, but would have not done anything to make the oil sands projects pay for all their externalities either.

    With the two main parties objectively in favour of unproven boondoggles and greenwashing, only firm decisive action by the US administration to institute some kind of carbon controls will change the game in Canada. My fear is that by killing money support at a critical time, you kill the renewables industry and disperse its people elsewhere, and no reversing course in 3 years will get those people and companies back.

  • Energy efficiency, electricity, power plants

    Suppose I paid you for every pound of pollution you generated and punished you for every pound you reduced. You would probably spend most of your time trying to figure out how to generate more pollution. And suppose that if you generated enough pollution, I had to pay you to build a new plant, no matter what the cost, and no matter how much cheaper it might be to not pollute in the first place.

    Well, that’s pretty much how we have run the U.S. electric grid for nearly a century. The more electricity a utility sells, the more money it makes. If it’s able to boost electricity demand enough, the utility is allowed to build a new power plant with a guaranteed profit. The only way a typical utility can lose money is if demand drops. So the last thing most utilities want to do is seriously push strategies that save energy, strategies that do not pollute in the first place.

    Energy efficiency, electricity, power plants | Salon News

    There are some things you wish you could have written, and the first paragraph is one of those. Romm nails it. Clearly, the most efficient MW of electricity is the one that was never used. But unless utilities are paid to conserve, not paid to produce, they will always build, build build.

    Excellent summary of arguments he makes all the time over at the gristmill. Now to find out what BC does. Canada is one of the worst in terms of energy use per capita. Some of it can be linked to the cold climate, but Germany is plenty cold too, and uses a third less per person.

    This article compares BC and California and finds BCHydro lacking in its incentives to save. The key is “decoupling”

    Significantly, California adopted regulations so that utility company profits are not tied to how much electricity they sell. This is called “decoupling.”

    BC’s per capita energy consumption is 0.26, well below the Canadian average and on the decline as Canada as a whole is getting worse. But more can be done.

    The key value judgment to be made here is that reducing energy use benefits all of us. The system should be set up in such a way that it benefits the utility as well. This way, they’re on the same side.

    Also, while a carbon tax is all well and good, it is not sufficient. Energy efficiency requires investment up front and people would rather pay 50 bucks a year in carbon tax than pay 300 bucks up front to insulate their homes better and save a 100 bucks a year in energy costs. Rebates only work if you have money up front. Giving people a $100 check is nice, but only if they spend it on improving energy efficiency. But, it’sjust money and we all know that money gets spent (beer, beer beer!) Subsidies work better as they reduce the cost of things. I would rather buy 10 compact fluorescent lamps for a buck each with the government chipping in the extra 10 bucks than get it back at the end of the year as a rebate, or pay 20c extra per incandescent lamp as a carbon tax.

    All rambling aside, a really good article on the value of energy efficiency.

  • Water find may end Darfur war

    It has been posited that the Darfur crisis war genocide is a resource conflict caused by water shortage. If that is true, finding the world’s 10th largest lake (underground) will help.

    BBC NEWS | Africa | Water find may end Darfur war

    A huge underground lake has been found in Sudans Darfur region, scientists say, which they believe could help end the conflict in the arid region.

    Some 1,000 wells will be drilled in the region, with the agreement of Sudans government, the Boston University researchers say.
    Analysts say competition for resources between Darfurs Arab nomads and black African farmers is behind the conflict.
    More than 200,000 Darfuris have died and 2m fled their homes since 2003.

    “Much of the unrest in Darfur and the misery is due to water shortages,” said geologist Farouk El-Baz, director of the Boston University Center for Remote Sensing, according to the AP news agency.

    “Access to fresh water is essential for refugee survival, will help the peace process, and provides the necessary resources for the much needed economic development in Darfur,” he said.

    I am a technology sceptic sometimes, in the sense that I don’t believe technology fixes everything. But, this seems to be a promising development. If anything, all that activity, well digging, etc. will bring more people into Sudan and that could slow down the murderous Janjaweed.

  • Study Says U.S. Companies Lag on Global Warming – New York Times

    Study Says U.S. Companies Lag on Global Warming – New York Times

    European and Asian companies are paying more attention to global warming than their American counterparts. And chemical companies are more focused on the issue than oil companies.

    Those are two conclusions from “Corporate Governance and Climate Change: Making the Connection,” a report that Ceres, a coalition of investors and environmentalists, expects will influence investment decisions.

    The report, released yesterday, scored 100 global corporations — 74 of them based in the United States — on their strategies for curbing greenhouse gases. It covered 10 industries — oil and gas, chemicals, metals, electric power, automotive, forest products, coal, food, industrial equipment and airlines — whose activities were most likely to emit greenhouse gases. It evaluated companies on their board oversight, management performance, public disclosure, greenhouse gas emissions, accounting and strategic planning.

    The report gave the chemical industry the highest overall marks, with a score of 51.9 out of a possible 100; DuPont, with 85 points, was the highest-ranking American company in any of the industries. Airlines, in contrast, ranked lowest, with a score of 16.6; UAL, the parent of United Airlines, received just 3 points.

    Well, clearly government policy and media attitudes have more to do with market behavior and regulation than the “free market fundamentalists” would care to accept.