TransCanada has filed a lawsuit over the decision to deny the Keystone XL pipeline

Locutus

Adorable Deplorable
Jun 18, 2007
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CALGARY –

TransCanada Corp. has filed a US$15 billion lawsuit against the United States government over its rejection of its Keystone XL pipeline.

“Through the NAFTA claim, TransCanada will be seeking to recover more than US$15 billion in costs and damages that it has suffered as a result of the U.S. Administration’s breach of its obligations (under the North American Free Trade Agreement),” the company said in a release.

The Calgary-based pipeline company announced Wednesday that it had filed a lawsuit in Houston, claiming that U.S. President Barack Obama’s “decision to deny construction of Keystone XL exceeded his power under the U.S. constitution.”

In addition to the constitutional challenge, TransCanada has also filed a claim under the NAFTA arguing that the basis for “the denial was arbitrary and unjustified.”

TransCanada also announced that it expects to post a record non-cash charge of between $2.5 billion and $2.9 billion in its earnings statement as a result of the pipeline’s rejection.

The company also said it invested some $4.3 billion in the project before Obama denied the pipeline’s application on Nov. 6, 2015.


TransCanada Corp files US$15-billion lawsuit against U.S. government for rejecting Keystone XL
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Cliffy

Standing Member
Nov 19, 2008
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Free Trade...hahahahaha. Doesn't the US owe Canada billions for bad decisions and refuses to pay. Good luck collecting if TransCanada wins.
 

captain morgan

Hall of Fame Member
Mar 28, 2009
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A Mouse Once Bit My Sister
Free Trade...hahahahaha. Doesn't the US owe Canada billions for bad decisions and refuses to pay. Good luck collecting if TransCanada wins.

If TCPL were to get the judgement in their favour, they could potentially collect their payment by virtue of withholding the taxes they pay to the IRS.

Don't know if the above is possible, but it sure would be interesting to watch
 

tay

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May 20, 2012
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Yesterday (June 24, 2016), TransCanada filed its NAFTA “arbitration” request arguing the U.S. violated its "expectations" and now should pay over $15 billion for rejecting a permit for the Keystone XL pipeline. It is NAFTA's private tribunal system (investor-state dispute settlement or ISDS) that will "arbitrate", a system not accountable to our legal system, and one authorized under the proposed Trans-Pacific Partnership (TPP). If the host country "violates" rights granted to the corporation under a trade agreement, then the investor may bring the matter before an "arbitration tribunal."

The ISDS is a new legal system for only foreign investor/corporations, it is not available to "nations, domestic investors, or civil society groups alleging violations of treaty obligations." ISDS panels do not have to follow legal precedent and its decisions cannot be appealed to a court.

The ISDS arbitrators are not public servants, but "highly paid corporate lawyers [who] go back and forth between representing corporations one day and sitting in judgment the next" in secret proceedings.
 

Angstrom

Hall of Fame Member
May 8, 2011
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CALGARY –

TransCanada Corp. has filed a US$15 billion lawsuit against the United States government over its rejection of its Keystone XL pipeline.

“Through the NAFTA claim, TransCanada will be seeking to recover more than US$15 billion in costs and damages that it has suffered as a result of the U.S. Administration’s breach of its obligations (under the North American Free Trade Agreement),” the company said in a release.

The Calgary-based pipeline company announced Wednesday that it had filed a lawsuit in Houston, claiming that U.S. President Barack Obama’s “decision to deny construction of Keystone XL exceeded his power under the U.S. constitution.”

In addition to the constitutional challenge, TransCanada has also filed a claim under the NAFTA arguing that the basis for “the denial was arbitrary and unjustified.”

TransCanada also announced that it expects to post a record non-cash charge of between $2.5 billion and $2.9 billion in its earnings statement as a result of the pipeline’s rejection.

The company also said it invested some $4.3 billion in the project before Obama denied the pipeline’s application on Nov. 6, 2015.


TransCanada Corp files US$15-billion lawsuit against U.S. government for rejecting Keystone XL
 

taxslave

Hall of Fame Member
Nov 25, 2008
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Any chance of our union getting in on this since it is costing us thousands of jobs laying pipe? I'll settle for 1% of what Trans Canada gets.