The Application of The National Environmental Policy Act to the North American Free Trade Agreement

The document asserts that NEPA applies to NAFTA because the USTR is a federal agency and the agreement constitutes a major federal action with significant environmental effects. It argues that a legislative EIS can be produced within the administration's fast-track schedule and does not conflict with trade laws or the separation of powers doctrine.

• The National Environmental Policy Act (NEPA) is a procedural law designed to ensure decision makers consider environmental factors and that the public and Congress are informed of the environmental impacts of major federal actions.
• The authors argue that NEPA applies to NAFTA because the USTR is a federal agency, the approval of NAFTA is a major federal action, and the agreement will have significant effects on the human environment.
• The government's own Interagency Review of U.S.-Mexico Environmental Issues identifies several negative impacts of NAFTA, including increased land transportation in the U.S.-Mexico border region affecting air quality and noise, severe impacts on aquatic wildlife habitats, and threats to approximately 50 endangered species and over 100 candidate species.
• The document claims that the USTR is not merely an extension of the President but an independent agency appointed with the advice and consent of the Senate, subject to the Freedom of Information Act, and acting under a specific Congressional mandate.
• The authors contend that a legislative environmental impact statement (LEIS) for NAFTA is feasible within the administration's fast-track schedule, citing the Montreal Protocol LEIS which was prepared in approximately two months.

APA

Housman, R. F., & Orbuch, P. (1993). The Application of The National Environmental Policy Act to the North American Free Trade Agreement. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/08/NEPA_NAFTA_Testimony_1993.pdf

Chicago

Housman, Robert F., and Paul Orbuch. The Application of The National Environmental Policy Act to the North American Free Trade Agreement. Center for International Environmental Law, 1993. https://www.ciel.org/wp-content/uploads/2015/08/NEPA_NAFTA_Testimony_1993.pdf.

Wikipedia

{{cite report |last1=Housman |first1=Robert F. |last2=Orbuch |first2=Paul |title=The Application of The National Environmental Policy Act to the North American Free Trade Agreement |publisher=Center for International Environmental Law |date=9 August 1993 |url=https://www.ciel.org/wp-content/uploads/2015/08/NEPA_NAFTA_Testimony_1993.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{housman1993application, author = {Housman, Robert F. and Orbuch, Paul}, title = {{The Application of The National Environmental Policy Act to the North American Free Trade Agreement}}, institution = {Center for International Environmental Law}, year = {1993}, month = aug, url = {https://www.ciel.org/wp-content/uploads/2015/08/NEPA_NAFTA_Testimony_1993.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }