• Mission & Governance
• Services Overview
• How to Get Involved
• Standing Committees
• NCSL Foundation

• Issue Areas: A-Z
• State-Federal Relations
• NCSL Standing Committees
• News from D.C. and the States

• About State Legislatures
• Elections, Campaigns & Redistricting
• NCSL's StateConnect Directory
• Web Sites

• Online Guide to NCSL Services
• Staff Sections and Networks
• Meetings & Professional Development
• Staff Directories

• Meetings Calendar
• Online Registration
• Meetings Home Page
• Legislative Summit

• Bookstore
• State Legislatures Magazine
• NCSL's StateConnect Directory

Environment Update

February 21, 2001
Volume II, Number 3b

Special Issue on Methyl Tertiary Butyl Ether (MTBE)

Rep. Greg Ganske (R-IA) and Rep. John Shimkus (R-IL) introduced HR 608-The Clean Air and Water Preservation Act (H.R. 4011 in the 106^th Congress) on Feb 14, 2001. The measure proposes a phase-out of the fuel additive MTBE over three years. Sources say the bill is likely to hit some snags again this year because it would force a change to the corn-based fuel ethanol, one of the few alternatives to MTBE. In addition to H.R. 608, four other MTBE bills have been introduced this year.

To access a summary of the MTBE legislative activity in the 107^th Congress refer to NCSL's Bills Board: MTBE at www.ncsl.org/statefed/bbmtbe7.htm

For more information on MTBE see NCSL's new report- Issue Brief: MTBE -available at www.ncsl.org/statefed/mtbeIB.htm

For the first time, a NAFTA panel has agreed to accept amicus curiae (friend of the court) briefs as part of dispute resolution proceedings. An amicus brief is filed by a person or organization who is not a party in the case, but is vitally interested in its outcome. The NAFTA panel is currently hearing a claim brought under the investment provisions of NAFTA by the Canadian-based Methanex Corporation. Methanex is seeking compensation from the U.S. federal government for California's ban on the use of the gasoline additive methyl tertiary butyl ether (MTBE). NAFTA's unique investment provisions allow companies such as Methanex to act on its own initiative to bring the United States before an international tribunal for the acts of state and local governments and seek money damages--$970 million in this case. Because of the high stakes and the keen interest of non-governmental organizations, it is expected that a number of outside parties will file amicus briefs. NCSL has been outspoken in supporting the right of states to file amicus briefs before international tribunals, both independently and collectively through state organizations such as NCSL. While states are not bound by the decisions of NAFTA tribunals as a matter of U.S. law, adverse rulings would likely step up pressure on the U.S. government to challenge the measures in U.S. courts. Amicus briefs are an important step toward increasing the states' level of dialogue with the U.S. Trade Representative and promoting a proactive role in defending state law related to international trade. Although the decision of this NAFTA panel to accept amicus briefs is not binding on other NAFTA or World Trade Organization panels, and the panel is not accepting briefs yet because of an unrelated jurisdictional challenge, an important legal precedent has been set.

NCSL Contacts:

Molly Stauffer
Committee Director
(202) 624-3584

Laurie Holmes
Staff Assistant
(202)624-8695