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Such it is with international trade. What was once a world divided into separate and distinct cultures has now become a globe where borders continually fade and cease to exist. Although this progress brings new opportunities to many, it similarly awakens emotions of apprehension and uncertainty, while creating clashes between what was known and what is yet to be discovered. A recent Ninth Circuit case, Public Citizen v. Department of Transportation,6 illuminated inconsistencies that may occur when transnational interactions attempt to fit into our previously ethnocentric societies. The discrepancy brought to light through this decision concerned a claimed conflict between an international arbitration decision under the North American Free Trade Agreement7 (hereinafter “NAFTA”) and United States environmental law.

Trucks on Our Turf: Seeking to Resolve the International Inconsistency in Public Citizen v. Department of Transportation