TransCanada Files $15B Nafta Claim on Keystone XL Rejection

[yallerdawg]

Bloomberg, Jennifer A Dlouhy

Let's see how it works, shall we?

TransCanada Corp. is seeking to recoup $15 billion for the Obama administration’s rejection of the Keystone XL oil pipeline, in a legal claim that highlights how foreign companies can use trade deals to challenge U.S. policy.

The Calgary-based pipeline operator filed papers late Friday seeking arbitration under the North American Free Trade Agreement, arguing that TransCanada had every reason to believe it would win approval to build Keystone XL. Instead, President Barack Obama last November determined that the pipeline, which would have carried Canadian oil sands crude to the U.S. Gulf, was not in the national interest. In response, TransCanada in January vowed to use arbitration provisions in Chapter 11 of Nafta to recover costs and damages.

The company said the U.S. spent seven years delaying a final decision on the project with multiple rounds of “arbitrary and contrived” analyses and justifications.

“None of that technical analysis or legal wrangling was material to the administration’s final decision,” TransCanada said in Friday’s filing. “Instead, the rejection was symbolic and based merely on the desire to make the U.S. appear strong on climate change, even though the State Department had itself concluded that denial would have no significant impact on the environment.”

More at: http://www.bloomberg.com/news/articles/2016-06-25/transcanada-files-15b-nafta-claim-on-keystone-xl-rejection

[guillaumeb]

1. A reality based response for all the TPP promoters at DU.

From the article:

Canada is the most-sued country under the North American Free Trade Agreement and a majority of the disputes involve investors challenging the country’s environmental laws, according to a new study.

The study from the left-leaning Canadian Centre for Policy Alternatives (CCPA) found that more than 70 per cent of claims since 2005 have been brought against Canada, and the number of challenges under a controversial settlement clause is rising sharply.

The investor-state dispute settlement mechanism contained in NAFTA’s chapter 11 grants investors the right to sue foreign governments without first pursuing legal action in the country’s court systems, in order to protect foreign investors from discrimination. Drafters of the 1994 treaty included the provision to protect U.S. and Canadian investors against corruption in Mexican courts.
Critics argue that the mechanism limits governments from enacting policies on legitimate public concerns such as the environment and labour or human rights, and that negotiations are often carried out in secret.

http://www.huffingtonpost.ca/2015/01/14/canada-sued-investor-state-dispute-ccpa_n_6471460.html

And this will not change under TPP.

[think]

2. A corporation is suing America for not allowing a leaky pipeline loaded with tar sands from being

built here.

That's how it's working so far....

“TransCanada’s attempt to make American taxpayers hand over more than $15 billion because the company’s dirty Keystone XL pipeline was rejected shows exactly why Nafta was wrong and why the even more dangerous and far-reaching Trans-Pacific Partnership must be stopped,” Brune said in an e-mailed statement.

[hollysmom]

5. and not being allowed to seize private property

[Wellstone ruled]

3. Who are the Players in this suit?

Is it the Koch Brothers via EnBridge? How about Exon-Mobile,and Conco-Phillips. The Treaty that keeps on giving to the Mulit-Nationals.

[yallerdawg]

4. Does TransCanada have a legitimate complaint?

The company said the U.S. spent seven years delaying a final decision on the project with multiple rounds of “arbitrary and contrived” analyses and justifications.

“None of that technical analysis or legal wrangling was material to the administration’s final decision,” TransCanada said in Friday’s filing. “Instead, the rejection was symbolic and based merely on the desire to make the U.S. appear strong on climate change, even though the State Department had itself concluded that denial would have no significant impact on the environment.”

[Jitter65]

6. Process is working as it should. No one believes they will win. nt

[yallerdawg]

7. Here is our test case.

"Secret tribunal."

"Corporation over national sovereignty."

"Big business strikes down environmental laws."

"Costly disputes on the taxpayer's dime."

This is the worst-case scenario, isn't it?

"The proof is in the pudding when you eat it!"

[AntiBank]

13. be careful, as the USA has the largest resources in rhe world to

fight these types of suits, and as soon as they win this the pro TPP crew will say "LOOK!! the TPP tribunals are not a threat" It's the smalller governments like cities and states and small countries who have, are, and will be the ones who are going to get steamrolled.

[JaneyVee]

8. US never lost an ISDS case.

[TheBlackAdder]

9. I wish HRC and those several dozen congress critters would divest from KXL and denounce it.

[NorthCarolina]

10. Well, if we don't give Israel that extra $10 billion they want, then we only need another $5

billion.

[AntiBank]

11. you mean the 10 billion on top of the 40 billion already

baked in the cake

[NorthCarolina]

12. Yep, that's why I said "extra" $10 billion.