A Transnational Perspective on Extending NEPA: The Convention on Environmental Impact on Assessment in a Transboundary Context

Introduction In recent years, the potential adverse impacts of transboundary pollution have received heightened attention both domestically and abroad. 1 International pollution may detrimentally affect outer space, the atmosphere, the oceans, the weather, and possibly the climate, freshwater bodies, groundwater aquifers, farmland, cultural heritage, and life forms. 2 Specific pollution threats include acid deposition, nuclear contamination, debris in outer space, stratospheric ozone depletion, and toxic petroleum spills. The Chernobyl nuclear power plant accident, on April 26, 1986, raised the world\u27s consciousness about the potentially devastating effects of transboundary nuclear pollution. 3 Given this backdrop and the emerging interdependence of nations, particularly within the European Economic Community, it is not surprising that the United States, later joined by twenty-five other countries, signed the Convention on Environmental Impact Assessment in a Transboundary Context (hereinafter the Convention ) at Espoo, Finland on February 25, 1991. 4 Among its provisions, the Convention establishes legal procedures for bilateral and multilateral protests against future sources of transboundary pollution. 5 The Convention also establishes a transboundary environmental impact assessment process similar to the process implemented under the U.S. National Environmental Policy Act (NEPA), which is the first national environmental impact assessment law passed by the U.S. government. 6 However, three years have passed since the United States signed the Convention, and it still has not been formally adopted. 7 Consequently, questions about its legal basis remain. This Article examines issues relating to the implementation and enforceability of the Convention in the United States ..