Thursday, 07 January 2016 00:00

This NAFTA Lawsuit over Keystone XL Proves "Free Trade" Deals Kill Democracy

Written by Sarah Lazare | Common Dreams
TransCanada president and CEO Russ Girling. TransCanada president and CEO Russ Girling. (Photo: Todd Korol/Reuters)

'The idea that some trade agreement should force us to overheat the planet’s atmosphere is, quite simply, insane.'

Canadian pipeline company TransCanada announced Wednesday afternoon it is suing the Obama administration under NAFTA provisions for the U.S. decision last November to reject the unpopular Keystone XL pipeline.

The climate justice movement that successfully pressured the president to reject the mammoth pipeline project responded on Thursday by characterizing the move as "pathetic" and saying the legal argument being deployed by the company underscores the undemocratic nature of so-called "free trade" deals.

"This isn’t going to get the pipeline built, and it is going to remind Americans how many of our rights these agreements give away," Bill McKibben, 350.org co-founder, said in a statement. "The idea that some trade agreement should force us to overheat the planet’s atmosphere is, quite simply, insane. But the oil industry is so used to always winning that I fear this kind of tantrum is predictable. Corporate power is truly out of control."

The corporation said it has filed a "filed a Notice of Intent to initiate a claim" under the Investment Chapter of NAFTA—on the grounds that "the denial was arbitrary and unjustified." Investor-state dispute settlement (ISDS) provisions, which are in thousands of free trade deals, allow corporations to circumvent national legal systems to levy lawsuits in parallel tribunals if state actions threaten their profits.

"TransCanada has been unjustly deprived of the value of its multibillion-dollar investment by the U.S. administration's action," said the firm, announcing it is seeking a stunning $15 billion in damages.

"With a single press release, TransCanada has proven what concerned citizens have argued for decades—that the primary purpose of ISDS is to subvert democratic processes and the public interest, in the name of private profit," Carroll Muffett, president of the Center for International Environmental Law, said on Thursday. "It has demonstrated to the citizens of the United States, and the world, why these provisions have no place in new trade agreements."

"We encourage the Obama administration to share a copy of TransCanada’s notification with every member of Congress and every US state legislator as evidence of just what the TransPacific Partnership and the Trans-Atlantic Trade and Investment Partnership have to offer them," Muffett continued. "Millions of people were galvanized into action to stop the Keystone XL pipeline and to say, clearly and loudly, that it is not in the national interest. TransCanada demonstrates why ISDS demands the same response."

What's more, TransCanada also announced on Wednesday that it has filed a separate lawsuit in the U.S. Federal Court in Houston, Texas, "asserting that the President's decision to deny construction of Keystone XL exceeded his power under the U.S. Constitution."

Climate campaigners say the movement will only be galvanized by TransCanada's latest stunt.

"The fight against Keystone XL fired up the climate movement like never before," said Jason Kowalski, policy director for 350.org. "We’re more than happy to keep thrashing it out with the likes of TransCanada–it will only bring more people into the struggle to keep fossil fuels in the ground."

Link to original article from Common Dreams

Read 27016 times

Latest News

  • Trump administration's voter suppression attempts ahead of midterms are not only 'morally wrong,' they're illegal +

    Trump administration's voter suppression attempts ahead of midterms are not only 'morally wrong,' they're illegal Imagine going to the polls on Election Day and discovering that your ballot could be collected and reviewed by the Read More
  • ACLU Blueprints Offer Vision to Cut US Incarceration Rate in Half by Prioritizing 'People Over Prisons' +

    ACLU Blueprints Offer Vision to Cut US Incarceration Rate in Half by Prioritizing 'People Over Prisons' ACLU Blueprints Offer Vision to Cut US Incarceration Rate in Half by Prioritizing 'People Over Prisons' Read More
  • As Florence Makes Landfall, Poorest Once More Likely to Suffer Most From Storm's Destruction +

    As Florence Makes Landfall, Poorest Once More Likely to Suffer Most From Storm's Destruction "These disasters drag into the light exactly who is already being thrown away," notes Naomi Klein Read More
  • How about some good news? Kansas Democratic Representative advances bill for Native Peoples. +

    How about some good news? Kansas Democratic Representative advances bill for Native Peoples. How about some good news? Kansas Democratic Representative advances bill for Native Peoples. Read More
  • How One Dying Man Changed The Debate About The Tax Bill +

    How One Dying Man Changed The Debate About The Tax Bill What mattered was that he showed up — that he put himself in front of the people whose opinions on Read More
  • Democrats Just Won a Major Victory in Virginia +

    Democrats Just Won a Major Victory in Virginia On a night of Democratic victories, one of the most significant wins came in Virginia, where the party held onto Read More
  • Repealing the Jim Crow law that keeps 1.5 million Floridians from voting. +

    Repealing the Jim Crow law that keeps 1.5 million Floridians from voting. A seismic political battle that could send shockwaves all the way to the White House was launched last week in Read More
  • Nuclear Weapons: Who Pays, Who Profits? +

    Nuclear Weapons: Who Pays, Who Profits? In an interview with Reuters conducted a month after he took office, Donald Trump asserted that the U.S. had “fallen Read More
  • Sessions issues sweeping new criminal charging policy +

    Sessions issues sweeping new criminal charging policy Attorney General Jeff Sessions overturned the sweeping criminal charging policy of former attorney general Eric H. Holder Jr. and directed Read More
  • 1
  • 2