Environmental Review of Trade Agreements

This executive order establishes a process for conducting environmental reviews of major U.S. trade agreements before and during negotiations. It requires written environmental assessments for comprehensive multilateral rounds, free trade agreements, and major natural resource sector deals, overseen by the U.S. Trade Representative and Council on Environmental Quality.

Federal Register Open PDF 64 FR 63169

Key directives

USTR and CEQ Chair shall oversee implementation and develop procedures
TPSC shall conduct environmental reviews of covered agreements
Environmental reviews required for: comprehensive multilateral trade rounds, bilateral/plurilateral free trade agreements, major new natural resource sector liberalization agreements
Reviews shall be written and initiated through Federal Register notice with public comment
Reviews must be undertaken early enough to inform negotiating positions but not delay tabling proposals
Draft reviews made available for public comment where practicable
Final reviews made available to the public
Federal agencies shall provide analytical/financial resources upon USTR request with OMB concurrence

Who is ordered

Timeline

Immediate

USTR and CEQ Chair assume oversight responsibility
TPSC designated to conduct reviews

Near term (90d)

Development of implementing procedures through interagency consultation

Long term

Environmental reviews become standard practice for covered trade agreements
Potential shift in trade negotiation culture to incorporate environmental factors

Risks & tensions

Vague on timing: 'sufficiently early' and 'where practicable' create implementation flexibility that may weaken accountability
Explicit disclaimer (Section 7) that order creates no enforceable rights, limiting judicial recourse
Exclusion of enforcement and dispute resolution agreements from coverage may create gap in environmental oversight
Resource provision contingent on appropriations and OMB concurrence may limit USTR capacity
Tension between timely negotiation and thorough environmental review built into design