STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS

The document warns that TTIP may prioritize trade interests over public health by promoting regulatory harmonization and mutual recognition that could lower chemical safety standards in the U.S. and EU. It specifically contrasts the EU's hazard-based REACH regulation with the U.S.'s risk-based TSCA approach, arguing that mutual recognition would effectively erase protections for chemicals restricted in only one jurisdiction. The author also cautions against investor-state dispute settlement (ISDS) mechanisms, which could allow corporations to sue governments over public interest laws, and warns that TTIP could preempt protective sub-federal or sub-regional laws. Finally, the statement suggests that a low-standard TTIP could chill the development of stringent chemical regulations in other regions, such as the BRIICS countries.

• The current chemical regulation system is insufficient for the modern economy, contributing to increased cancer rates and higher concentrations of chemicals in human bodies.
• There is a fundamental divergence between EU and U.S. chemical management: the EU uses a hazard-based approach under REACH to drive innovation toward safer alternatives, while the U.S. uses a risk-based approach under the 1976 Toxic Substances Control Act (TSCA) that often leaves the EPA 'paralyzed' due to data gaps.
• Mutual recognition in the chemicals sector is deemed inappropriate because it would allow chemicals lawful in one continent to be lawful in the other, potentially erasing restrictions on hazardous substances like certain phthalates, hexabromocyclododecane (HBCD), and 1,4 dioxane.
• Investor-state dispute settlement (ISDS) mechanisms allow foreign corporations to bypass domestic courts and sue governments over policies that reduce expected profits, creating a 'chilling effect' on the development of public health and environmental regulations.
• TTIP could preempt protective sub-federal laws in the U.S. (such as those in California, Maine, and Washington) and national laws in EU Member States (such as French nanomaterial registers or fracking moratoria in Germany and Spain).
• A trade agreement that lowers standards could discourage other countries, particularly the BRIICS nations, from adopting more stringent chemical regulations similar to REACH.

APA

Center for International Environmental Law (2013). STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS. https://www.ciel.org/wp-content/uploads/2015/11/Muffett_Statement_24Jul2013.pdf

Chicago

Center for International Environmental Law. STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS. 2013. https://www.ciel.org/wp-content/uploads/2015/11/Muffett_Statement_24Jul2013.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS |date=24 July 2013 |url=https://www.ciel.org/wp-content/uploads/2015/11/Muffett_Statement_24Jul2013.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallaw2013statement, author = {{Center for International Environmental Law}}, title = {{STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS}}, publisher = {Center for International Environmental Law}, year = {2013}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/11/Muffett_Statement_24Jul2013.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }