Jean O. Melious, J.D. Huxley College of the Environment Western Washington University Bellingham, Washington

Transcription

1 Jean O. Melious, J.D. Huxley College of the Environment Western Washington University Bellingham, Washington

2 Why have an international air quality agreement? What needs does it address?

3 When do one country s decisions affect the other? Can t meet air quality goals because of pollution from the other side of the border Large projects on one side of the border will affect air quality/upset political constituencies on the other side of theborder (e.g. power plants close to theborder) One country s advances in air quality regulation leads economic actors to forum shop in other country (e.g. ports)

4 Longstanding Framework for Canada US Cooperation International Joint Commission (IJC) Formed by the 1909 Boundary Waters Treaty between the U.S. and Canada International Air Quality Advisory Board Referral authority: Trail Smelter Arbitration

5 British Columbia- British Columbia- Washington Border: The Cradle of International Environmental Law

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8 1941 Trail Smelter Principle "Under the principles of international law, as well as the law of the United States, no State has the right to use or permit the use of the territory in such a manner as to cause injury by fumes on or to the territory of another or the properties p or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence." Basis of Stockholm Principle 21

9 Precipitating it ti Event tfor the 1991 Canada US Air Quality Agreement: Acid Rain 1981

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11 1985

12 1991 Canada U.S. US Air Quality Agreement Rather than arguing over whose dog is bigger, we can spend our efforts ensuring that our dogs do not bite one another. Environment Canada official, commenting on the 1991 Canada US Air Quality Agreement

13 Annex I Acid Rain Committed the United States and Canada to specific emission limitations or reductions, timetables, and program development to implement the reductions. Provides for: a notificationand and consultation mechanism on air pollutants from sources within 100 km of the border; compliance monitoring; and programs to prevent air quality deterioration and protect visibility.

14 Annex II Scientific and Technical Activities and Economic Research Provides for coordination, cooperation, and exchange of information to improve understanding of transboundary air pollution andimprove theability to control pollution. Progress reports are issued biennially and released to the publicfor comment. 2008: port.pdf

15 Annex III Ozone (added in 2000) Established a pollutant emission management area (PEMA) in the transboundary region comprised of 18 states and thedistrict of Columbia in theunited States, and central and southern Ontario and southern Quebec in Canada. Canadian and US commitments to reduce NOx and VOC.

16 Air Quality Committee Made up of an equal number of members from each country Tasked with: implementing the commitments, measuring and reporting progress, and identifying evolving areas of concern Two subcommittees: Program monitoring and reporting, and Scientific/technical cooperation.

17 Border Air Quality Strategy ( ) Great Lakes Basin Airshed Management Framework Georgia Basin Puget Sound International Airshed Strategy

18 Characterization of the Georgia Basin/Puget Sound Airshed, Env. Canada,

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21 Overall: Impacts on Air Quality Management The continuum: Early warning of problems Monitoring Best practices Agreement tto implement equivalent goals/regulations/control measures (?) Pollution reductions on both sides of the border Translation of ideas from both countries Critical loads, visibility

22 Policy Implications Umbrella agreement with Annexes provides for growth and flexibility International agreement can address issues that do not affect the entire country Countries dolearn from each other, emulate each other (whether or not they will admit it) Like all bureaucracies, theformal relationship leads to continuity, also stagnation Eternal challenges:

23 In times of budget constraints, you don t get any brownie points for working with the Canadians. Washington State Dept of Ecology representative Washington State Dept. of Ecology representative, discussing the challenges of working on a transboundary Task Force.

24 Their system is so different, they might as well be in Eastern Europe. Washington State Dept. of Ecology representative, speaking of Canada, based on her experience on a transboundary Task Force.

25 You need a big crisis. i Then the wheels of government respond. --Former EPA Region 10 Administrator It helps if you can tie effects to human health. --Environment Canada, Policy Branch

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