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Keywords

plaintiffdefendantmotionsummary judgmentcompliancemotion for summary judgmenttrade agreements
plaintiffdefendantcompliancetrade agreements

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Public Citizen v. Kantor, 864 F.Supp. 208, 16 ITRD 2442, 25 Envtl. L. Rep. 20,457

Facts

Public Citizen brought this action as part of a series of cases aimed at requiring the USTR and OTR to prepare EISs for trade agreements under NEPA. The plaintiffs argued that the OTR was required to prepare an EIS for the Uruguay Round negotiations, which had recently been submitted to Congress. The court noted that previous cases had established that without a final agreement, there could be no standing to compel such actions, and the President's role in trade negotiations complicated the application of the APA.

Public Citizen brought this action as part of a series of cases aimed at requiring the USTR and OTR to prepare EISs for trade agreements under NEPA.

Issue

Whether the USTR and OTR were required to prepare an Environmental Impact Study for the Uruguay Round of GATT negotiations and to adopt methods for future compliance with NEPA.

Whether the USTR and OTR were required to prepare an Environmental Impact Study for the Uruguay Round of GATT negotiations and to adopt methods for future compliance with NEPA.

Rule

The court held that the GATT negotiation round fell outside the reach of the Administrative Procedure Act (APA) and that there was no final agency action to compel the OTR to prepare an EIS or develop compliance methods under NEPA.

The court held that the GATT negotiation round fell outside the reach of the Administrative Procedure Act (APA) and that there was no final agency action to compel the OTR to prepare an EIS or develop compliance methods under NEPA.

Analysis

The court analyzed the role of the President in trade negotiations and concluded that since the President, not an agency, submitted the final agreement, the APA's requirement for 'final agency action' was not satisfied. The court also considered the implications of mandamus relief and found that the plaintiffs had not demonstrated standing or a clear duty owed to them by the OTR.

The court analyzed the role of the President in trade negotiations and concluded that since the President, not an agency, submitted the final agreement, the APA's requirement for 'final agency action' was not satisfied.

Conclusion

The court denied the plaintiffs' motion for summary judgment and granted the defendants' motion, concluding that the plaintiffs were not entitled to the requested injunctive or declaratory relief.

For the reasons stated, plaintiffs are not entitled to injunctive or declaratory relief under either the APA or under the Court's limited authority to grant mandamus relief pursuant to 28 U.S.C. § 1361.

Who won?

Defendants (USTR and OTR) prevailed because the court found that the GATT negotiations did not fall under the APA's review provisions and that the plaintiffs lacked standing.

Defendants (USTR and OTR) prevailed because the court found that the GATT negotiations did not fall under the APA's review provisions and that the plaintiffs lacked standing.

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