CRS counters Administration on POPs legislation

The Congressional Research Service (CRS) has weighed in against the Bush Administration regarding pending legislation to make the U.S. a partner to a global treaty controlling persistent organic pollutants. The Bush Administration has argued that, in this legislation, Congress cannot require EPA to give notice to and accept comments from the public when treaty partners propose to add chemicals to the pact (C&EN, March 29, page 22). Environmental groups and others disagree with the Bush argument. This debate is stalling passage of the legislation, which otherwise enjoys broad support. CRS, the nonpartisan policy research arm of Congress, examined the Administration's legal arguments, which are focused on the U.S. Constitution's separation of powers doctrine among the three branches of government. CRS concluded, "It does not appear that a mandatory notice and comment requirement would present any substantive separation of powers concerns."