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 over public health by promoting regulatory harmonization and mutual recognition that could weaken chemical safety standards. It highlights the divergence between the EU's hazard-based REACH approach and the US's risk-based TSCA approach, arguing that mutual recognition would effectively erase protections unique to one jurisdiction. The author also cautions against investor-state dispute settlement (ISDS) and the preemption of sub-national laws, while noting that TTIP could negatively influence chemical regulations in non-member countries like the BRIICS nations.

• The current global system for chemical regulation is inadequate, contributing to increased cancer rates and higher concentrations of chemicals in human bodies, which the author describes as an "international public health problem that remains unsolved."
• There is a fundamental divergence between EU and US chemical management: the EU uses a hazard-based approach under the REACH Regulation, which identifies hazardous properties and encourages safer alternatives, while the US uses a risk-based approach under the 1976 Toxic Substances Control Act (TSCA) that requires extensive exposure data before regulatory action can be taken.
• 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 specific restrictions in the EU on substances like certain phthalates, hexabromocyclododecane (HBCD), and 1,4 dioxane.
• Investor-state dispute settlement (ISDS) mechanisms are criticized for allowing corporations to bypass domestic courts and sue governments over public interest laws, with the author noting that over US $365 million has already been paid to foreign investors under NAFTA-style deals.
• TTIP may lead to the preemption of protective sub-national laws, such as chemical regulations in US states like California, Maine, and Washington, or national moratoria on hydraulic fracturing (fracking) in EU member states including France, Germany, Spain, Bulgaria, Romania, and the Czech Republic.
• The agreement could exert a 'chilling effect' on the development of chemical regulations in countries outside the US and EU, particularly the BRIICS countries, by establishing a global standard that favors lower regulatory burdens.

APA

Muffett, C. (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. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2014/10/Muffett_Statement_24July2013.pdf

Chicago

Muffett, Carroll. 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. Center for International Environmental Law, 2013. https://www.ciel.org/wp-content/uploads/2014/10/Muffett_Statement_24July2013.pdf.

Wikipedia

{{cite press release |last1=Muffett |first1=Carroll |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 |date=24 July 2013 |url=https://www.ciel.org/wp-content/uploads/2014/10/Muffett_Statement_24July2013.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{muffett2013statement, author = {Muffett, Carroll}, 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/2014/10/Muffett_Statement_24July2013.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }