7 Democrats Say That Canadian Ban on Single-Use Plastics Is Kosher Under USMCA

Claims that a ban on single-use plastics is a trade restriction prohibited in the USMCA are wrong, seven Democratic senators, led by Sen. Dianne Feinstein, D-Calif., wrote to U.S. Trade Representative Robert Lighthizer and Canada Trade Minister Mary Ng. The senators' Dec. 7 letter said the industry groups incorrectly argue the ban “would not be based on sound science. In fact, the science clearly shows the detrimental impact of single-use plastics. An estimated 11 million metric tons of plastic waste enters the oceans each year.”

The senators cited USMCA's Article 28.2, which says each country can use regulation to achieve its environmental goals at the level it considers appropriate. They also cited Article 24.12, which says all three countries “will take action to prevent and reduce plastic and microplastic litter in marine settings.” The letter added that “while Article 24.2 states that an environmental policy may not be a 'disguised restriction on trade or investment,' there is no indication that is applicable in this situation.”