A federal district court judge has ordered the United States Trade
Representative, Charlene Barshefsky, to name at least one representative from the
environmental community to each of two panels that advise her on negotiating strategy and
other matters invol-ving international trade in wood products and paper products.
By limiting membership to industry officials, the court ruled, the Trade Representative
was violating the Federal Advisory Council Act. The law requires that the advisory panels
represent a "fair balance" of viewpoints. The advisory committees at issue are
two of more than two dozen that advise the U.S. government on international trade.
Judge Barbara Rothstein found that the paper and wood panels are anything but balanced:
"The highly charged nature and the stakes at issue in the free trade-environment
debate over timber sales are well documented. Matters affecting the wood and paper
products sector are dramatically and inextricably intertwined with the environmental
health and protection of this nation
The forest ISACs [product Industry Sector
Advisory Committees] offer advice on diverse and far-reaching issues that affect others,
especially those who promote forest conservation. The composition of the forest product
ISACs, thus, violates FACAs requirement to be fairly balanced in terms of viewpoints
to be represented."
The ruling comes in response to a lawsuit filed by Earthjustice Legal Defense Fund on
behalf of the Northwestern Ecosystem Alliance, the Pacific Environment and Resources
Center, Defenders of Wildlife, Sierra Club, Buckeye Forest Council, and the International
Forum on Globalization. The United States is actively encouraging World Trade Organization
member nations meeting in Seattle in late November to relax or eliminate all tariffs and
non-tariff barriers to trade in wood products. This proposal is staunchly opposed by
environmental groups in the absence of environmental safeguards.
Environmentalists hailed the courts ruling. "Finally, a long-existing wrong
is slowly being righted," said Earthjustice attorney Patti Goldman, who filed the
lawsuit on behalf of the organizations. "It is both unfair and illegal to load up
these panels with industry representatives and not allow a single representative of the
environment to participate."
"This decision vindicates the conservation communitys view that trade
sectors like forestry are dominated by industry and that international trade rules cannot
even begin to be corrected until the playing field is balanced for all citizens in
society," said Bill Snape, Legal Director for Defenders of Wildlife.
"This ruling vindicates our belief in democratic decision-making," said Paige
Fischer, Director of the Forests and Trade Campaign at Pacific Environment and Resources
Center. "Now we renew our call on the U.S. Government to halt negotiations of the
Global Free Logging Agreement at the WTO until forest conservationists have a seat at the
table with big business."
"This ruling exposes the hypocrisy of Clinton administration trade policy. The
President says that he wants the WTO to become more democratic, yet here at home the
government has shut the public out of the crucial trade advisory committees," said
Dan Seligman, Director of Sierra Clubs Responsible Trade campaign. "If the US
Trade Representative is going to make global environmental policy, then the public, not
just private industry, must sit at the table."
"Our Forests at Risk: The World Trade Organizations Threat to Forest
Protection" is available at www.earthjustice.org