U.S. and Canada-based environmental groups have filed a petition
with the U.S. Secretary of the Interior under the Pelly Amendment, a statute that
allows the U.S. President to impose trade restrictions against
countries that engage in trade which diminishes the effectiveness
of an international program to protect threatened or endangered
species.
The petition claims that Canada has not put in place mechanisms in
its oilsands regulatory regime that would prevent or mitigate harm
to woodland caribou, whooping cranes and other species of migratory
birds. The petition further claims that such omissions have
diminished the effectiveness of international efforts to protect
those species such as the Migratory Bird Convention of
1916 and the Western Hemisphere Convention of 1942.
Under the Pelly Amendment, the Secretary of Interior must
now determine whether Canada's actions have diminished the
effectiveness of these international conservation efforts. If the
Pelly Amendment application is certified by the Secretary
of Interior, the President may direct the Secretary of the Treasury
to prohibit any imports to the extent such prohibition is
sanctioned by NAFTA or the World Trade Organization, and shall
notify the U.S. Congress of any such actions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
