Environmental Engineering Reference
In-Depth Information
Source:
Photo courtesy of the Federal Energy Regulatory Commision (FERC)
Figure 20.1
LNG security near Boston
protested that the state and federal governments were working at cross-purposes (Wood,
2006). Yet as messy as it was, this regulatory process was legal and constitutional. BHT
Billiton had no recourse in US courts.
Throughout 2006 and 2007, the Australian government was a leading advocate at the
WTO for a set of trade rules, called 'disciplines on domestic regulation'. Article VI of
GATS authorizes these negotiations (WTO-GATS, 1994). There may be no direct con-
nection with Cabrillo Port. But if adopted, the disciplines would help companies such as
BHT Billiton. Among other things, Australia proposed that licensing criteria must be
based on objective criteria (e.g. not political pressure from public hearings), and licensing
procedures must be as simple as possible (e.g. not a web of federal, state and local stages
of review) (Australia et al., 2006).
In sum, the story of Cabrillo Port shows how:
environmental goods such as LNG are delivered by global service industries;
environmental services are highly regulated under laws that re
fl
ect a deliberate
balance of power among local, state, federal governments;
GATS covers governments at all levels and how they regulate, purchase, provide, or
subsidize services;
existing or proposed trade rules under GATS can con
fl
ict with traditional govern-
ing authority.
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