Green Groups Were Lying Low. But Now They Have a Battle Plan.

“The idea that U.S. chemical regulation is so advanced that it hinders and slows down U.S. competitivity is preposterous,” said David Azoulay, director of environmental health at the Center for International Environmental Law, or CIEL, over the phone from Geneva. The U.S. has “the least stringent, least efficient, and least protective legislation compared to any of the other major economies—and that includes economies like the EU of course, which is the most often mentioned, but also includes Korea, Japan, even China.” The EU, for example, “regulates or bans over 1,300 chemicals in cosmetics. The U.S. bans less than two dozen.”

The anti-regulatory argument also rests on the assumption that regulating to prevent environmental harm slows innovation. But when CIEL investigated this in 2013, Azoulay said, using patent applications as a proxy for innovation, “every time there was a new type of regulatory control measure being put in place around phthalates, we saw a spike in a number of patents being filed for new products or new substances or new applications that didn’t use phthalates.” He also pointed to a wealth of recent research showing that, contrary to the assumption that regulations hurt the economy, under-regulating harmful chemicals can cost billions of dollars.

These studies probably aren’t going to prevent people from arguing that EPA regulations harm American companies’ ability to compete. “An additional perspective that’s useful to consider,” Azoulay added, “is that, contrary to some simplified beliefs, the chemical industry is very much a global industry. All of those major chemical producers are multinationals that have production bases in the U.S., in Europe, in China, in the Gulf, in other places, that try to take advantage of being closest to the primary materials or the markets or whatever.” And the arguments everywhere seem to be the same: “Those rules in that particular jurisdiction are hindering competitivity. But because it’s the same companies making the same arguments, what they’re actually doing is trying to bring the floor down, and trying to lower the level of protection of health and the environment.”