A Transatlantic Analysis of EU and U.S. Strategies In 'Green Procurement'

66 Government Contractor ¶ 60 (Thomson Reuters, Mar. 13, 2024)

GWU Legal Studies Research Paper No. 2024-20

GWU Law School Public Law Research Paper No. 2024-20

11 Pages Posted: 21 Mar 2024

See all articles by Marta Andhov

Marta Andhov

University of Auckland - Faculty of Law; University of Auckland - Department of Commercial Law

Christopher R. Yukins

George Washington University - Law School

Date Written: March 13, 2024

Abstract

As governments the world over move to reduce global warming, public procurement has become an increasingly important means of leveraging governments’ vast purchasing power to reduce greenhouse gas (GHG) emissions through “green” or environmentally sustainable procurement. This article reviews emerging strategies in green procurement in the European Union and the United States. The article notes that those green procurement strategies are remarkably consistent on both sides of the Atlantic, from sector-specific preferences for low-carbon products to eco-labels to life-cycle cost analyses which take into account broader environmental impacts. On both sides of the Atlantic, however, parallel problems have emerged as well. While initial efforts have been made to force firms to chronicle their products’ and services’ GHG emissions so that those emissions can be assessed (including in awarding contracts), those efforts have faltered politically in both the United States and the European Union because of the high costs of implementation. These initial results from both continents suggest that while green procurement can evolve in parallel around the world, using common strategies and devices, the costs of implementation — until now, a largely overlooked variable — may play a critical role in deciding which environmentally sustainable strategies are likeliest to succeed, at least in the short run.

Note: This material from The Government Contractor has been reproduced with the permission of the publisher, Thomson Reuters. Further use without the permission of the publisher is prohibited. For further information or to subscribe, call 1-800-328-9352 or visit https://legal.thomsonreuters.com. For information on setting up a Westlaw alert to receive The Government Contractor in your inbox each week, call your law librarian or a Westlaw reference attorney (1-800-733-2889).

Keywords: Public procurement, sustainability

JEL Classification: F18, H57, Q58

Suggested Citation

Andhov, Marta and Yukins, Christopher R., A Transatlantic Analysis of EU and U.S. Strategies In 'Green Procurement' (March 13, 2024). 66 Government Contractor ¶ 60 (Thomson Reuters, Mar. 13, 2024), GWU Legal Studies Research Paper No. 2024-20, GWU Law School Public Law Research Paper No. 2024-20, Available at SSRN: https://ssrn.com/abstract=4763773

Marta Andhov

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

University of Auckland - Department of Commercial Law ( email )

Australia

Christopher R. Yukins (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-9992 (Phone)

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