The Extraterritorial Scope of U. S. Environmental Laws: The Case of Chile

By Jose Antonio Urrutia

This article discusses the impact of the new Chilean environmental legislation, Ley de Medio Ambiente, on the extraterritorial scope of U. S. environmental laws which affect the activities of public and private American entities in Chile. Providing a summary of Ley de Medio Ambiente the author presents the general principles of international law considered in determining a country's extraterritorial reach and explains the Foley Doctrine -- factors weighed in determining the extraterritorial reach of a U.S. statute. Finally, Urrutia considers the likely impact of major U. S. federal environmental laws on Chile.

He concludes that the three U.S. statutes that can apply extraterritorially to Chile -- § 111 of CERCLA, §7 of the ESA and §102(C) of NEPA -- are not likely to be applied extraterritorially to Chile given the numerous conditions and factors which would need to be fulfilled. Consequently, Urrutia suggests there is little possibility that a Chilean citizen could bring a cause of action in a U.S. court for activities by public and private U.S. entities that allegedly violate U.S. environmental laws.