U.S. Implementing Legislation for the Stockholm POPs Convention


The international community responded to the threat that POPs pose by adopting the Stockholm Convention on Persistent Organic Pollutants in May 2001. The Convention eliminates or restricts the global use and trade of twelve of the worst POPs. The Bush Administration supports implementation of the ban, in part because none of the so-called "dirty dozen" is manufactured or used in the United States anymore, and because the U.S. chemicals industry believes banning these first-generation pesticides and chemicals will "level the playing field" for export of more modern, profitable chemicals to foreign markets, especially in the developing world.

However, U.S. implementing legislation developed by the Bush Administration would all but ignore one of the key parts of the Stockholm Convention: its science-based process for adding additional, dangerous chemicals. This "adding mechanism" is essential because there are numerous substances that are commonly used in the United States and abroad that will threaten people and wildlife here at home unless their use is banned or restricted everywhere. For example, brominated flame retardants (PBDEs) are widely used in consumer goods such as televisions, furniture, and computers. Some PBDEs have been found in very high concentrations in the breast milk of mothers in the United States. Evidence suggests that these substances may affect thyroid function and the development of the embryonic nervous system. Yet the use of these persistent chemicals is still widespread, and their presence in the human food chain is increasing rapidly: studies reveal that blood concentrations are doubling in the United States roughly every two to five years.

CIEL believes that U.S. implementing legislation for the Stockholm Convention should establish a strong link between the international "adding mechanism" and domestic regulatory processes, and should create an expectation that the U.S. Environmental Protection Agency will restrict or ban chemicals that are added to the Convention. In contrast, the Bush Administration has apparently acted to make the implementing legislation serve as a "test case" to establish that U.S. environmental and health law will be based not on human health standards, but on the costs of regulation to corporate interests, and that Congress will be prohibited from requiring U.S. regulatory agencies to act in response to decisions taken by international bodies.

CIEL has been a leader in the efforts of the environmental and health communities to counter the ideological aims of the Administration and to convince Congress that it is in the U.S. national interest to ratify and implement the Stockholm Convention fully. We have brought legal expertise, strategic flexibility, imagination, and the ability to be tough when necessary to these difficult discussions. For additional information, please contact Glenn Wiser.