POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions

Written testimony by Glenn M. Wiser of the Center for International Environmental Law (CIEL) provided to the U.S. House of Representatives on July 13, 2004. The statement expresses the views of a coalition of environmental and health organizations regarding draft legislation intended to implement the Stockholm Convention on Persistent Organic Pollutants (POPs), the LRTAP POPs Protocol, and the Rotterdam PIC Convention.

• The environmental and health community opposes the June 17, 2004 Discussion Draft, arguing it is "fatally flawed" and would introduce a "radical, regressive reshaping" of U.S. environmental and health law.
• The June 17 Discussion Draft is criticized for decoupling international and domestic processes by failing to require the EPA to act, provide a timeline, or publish reasons for inaction following an international decision to add a POP to the Convention.
• The testimony argues that the Discussion Draft's proposed regulatory standard—requiring a "reasonable balance of social, environmental, and economic costs and benefits"—contradicts the Stockholm Convention's requirement that decisions be made "in a precautionary manner."
• The author contends that the "sound science" requirements in the Discussion Draft are based on a concept developed by tobacco companies to "thwart attempts at regulation" and would serve as a litigation tool for chemical companies rather than improving scientific quality.
• The Discussion Draft is criticized for establishing a regulatory ceiling that would prohibit the EPA from regulating more strictly than minimum Convention standards, effectively requiring the U.S. to take exemptions intended for developing countries.
• The testimony rejects the Bush Administration's legal arguments that mandatory implementation of international listing decisions would violate the separation of powers or an "international non-delegation doctrine."
• To support the legality of contingent delegations, the document cites several U.S. laws that require executive action based on international decisions, including the Clean Air Act (Montreal Protocol), the Tariff Act (NAFTA), and the Chemical Weapons Convention Implementation Act.

APA

Wiser, G. M. (2004). POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/05/Wiser_Hearing_July04.pdf

Chicago

Wiser, Glenn M. POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions. Center for International Environmental Law, 2004. https://www.ciel.org/wp-content/uploads/2015/05/Wiser_Hearing_July04.pdf.

Wikipedia

{{cite press release |last1=Wiser |first1=Glenn M. |title=POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions |publisher=Center for International Environmental Law |date=13 July 2004 |url=https://www.ciel.org/wp-content/uploads/2015/05/Wiser_Hearing_July04.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{wiser2004pops, author = {Wiser, Glenn M.}, title = {{POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions}}, publisher = {Center for International Environmental Law}, year = {2004}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/05/Wiser_Hearing_July04.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }