What Lies Beneath: USMCA Chapter 24 and Sub-National Governance of Environmental Issues

This article examines the sub-national governance issues existing in the USMCA through the lens of environmental law and regulation in each of the three State Parties. It asserts that the governance gaps created by failing to include the terms of sub-national laws in the express parameters of the USMCA are significant and can pose a challenge to the successful implementation of the Agreement now and into the future. The decision to focus on the USMCA regime was made because of the recent timing of its negotiation, the many efforts made by all sides to incorporate critical non-trade issues into the main text of the Agreement, and the federal governance structures used in all three State Parties. In the USMCA context, environmental issues represent both an emerging area of law and policy, notably in the context of pollution and climate change responses, and one which was carried over from NAFTA.