If Keystone XL permit is rejected, TransCanada might sue U.S. for $2.4 billion it's already spent

[Omaha Steve]

http://www.omaha.com/news/nebraska/if-keystone-xl-permit-is-rejected-transcanada-might-sue-u/article_5c186e50-95ad-567f-b57f-1ee7f3c547ac.html

POSTED: WEDNESDAY, AUGUST 5, 2015 12:01 AM | UPDATED: 12:27 AM, WED AUG 5, 2015.
By Joe Duggan / World-Herald Bureau

LINCOLN — A Canadian corporation seeking to build the Keystone XL pipeline says it has already spent $2.4 billion without having laid a foot of pipe.

If President Barack Obama rejects the pipeline, TransCanada could use a provision of the North American Free Trade Agreement in an attempt to recoup that cost from the United States.

The 1994 trade pact between the United States, Canada and Mexico allows corporations to file what’s called a Chapter 11 claim (not to be confused with bankruptcy) against a member nation to settle disputes. If TransCanada were to win such a case before a special NAFTA tribunal, U.S. taxpayers could be on the hook for monetary damages.

TransCanada CEO Russ Girling recently left a possible NAFTA challenge on the table when asked what the company would do if Obama rejects the pipeline permit application.

FULL story at link.

[restorefreedom]

1. thanks, nafta

and bill clinton.

these free trade agreements work so well

i guess that is why hillary has not come out against tpp or keystone xl

this is not hillary bashing..these are the kind of issues that matter..she can't avoid taking a position forever

[2naSalit]

2. Asshats should've waited until

they were actually allowed to build the damned thing. They thought they had enough politicians bought off. They're getting desperate since they are spending so much more to rape the land now that the price of crude is dropping drastically.

[Scuba]

3. Even if they won, the $2.4B would be cheaper than poisoning the Ogallala Aquifer.

[GoneFishin]

4. Of course. There are weasel lawyers and a lot of money involved. TPP will bring more of this shit.

If I buy furniture for a house I hope to buy, but the home purchase falls through, that is my tough shit. I don't get to sue the current home owner for the cost of the furniture.

[Orrex]

5. What a bunch of loonies that would be.

Still, $2.4B would be a small price to pay to prevent this continent-spanning disaster.

[geek tragedy]

6. Being able to sue and being able to win are vastly different things

See, for example, the Methanex case:

http://www.state.gov/s/l/c5818.htm

On August 9, 2005, the Tribunal released the Final Award, dismissing all of the claims. The Tribunal also ordered Methanex to pay the United States' legal fees and arbitral expenses in the amount of approximately $ 4 million. The award and other documents appear on this page.

[Laxman]

7. Does That Figure Include....

the money they spent buying politicians? They'll probably base their lawsuit on either breech of contract or consumer fraud-but we already paid the fee for this pipeline!