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Legal Victory on Eve of WTO Ministerial: Judge Orders U.S. Trade Rep To Appoint Enviros to Two Advisory Panels

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 FACA’s 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 court’s 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 community’s 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 Club’s 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 Organization’s Threat to Forest Protection" is available at www.earthjustice.org

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