In this chapter, I first discuss and compare the powers of the Community and the US federal government to take action in the environmental field, as well as the potential limits that may be placed on the exercise of such powers out of respect for the states' residual sphere of competence over this field. Then, I compare how in the areas of product standards, process standards and waste, the Community and the US federal government have concretely attempted to balance trade and environmental protection through or in the context of their legislative action. Finally, I compare the extent to which the Community and the US federal government have allowed the states to adopt stricter measures than Community/federal harmonized measures.

The principle of attributed powers

Since both the European Community and the US federal systems are based on the principle of attributed powers, the first question examined in this Part was to what extent the Community and the US federal government have the power to legislate in the environmental field. While there is no specific provision in the US Constitution providing authority for federal regulation of the environment, the federal government has, however, legislated in this area, relying on the Supreme Court's broad interpretation of its power to regulate interstate commerce.