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Monday, March 2, 2015

After Obama’s Keystone XL veto, should Canada seek compensation under NAFTA?

From The Globe and Mail:

Over the past couple of months, U.S. President Barack Obama has made it abundantly clear that he is not a fan of the Keystone XL pipeline. It’s probably not personal. If he has to disappoint somebody, he would apparently prefer that it be Canadians, rather than any of the Democratic Party’s most generous campaign donors, such as billionaire environmental activist Tom Steyer...

...To be fair, Mr. Obama probably did not enjoy exercising his veto power. His staff will spin it as a small victory for procedural fairness. They will also keep insisting that he hasn’t made up his mind yet. And they will also continue ignoring the fact that it is not normal for the leader of the free world to devote himself to making a personal decision on whether or where a tiny proportion of his country’s pipeline network ought to be built.

With every end comes a new beginning, however. TransCanada may soon decide that it has no choice but to serve notice of its intent to launch a multibillion-dollar NAFTA claim against the United States for seeing its project frustrated without a fair hearing...

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