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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

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Rev. Rodney Sadler

Dr. Sadler's work in the community includes terms as a board member of the N.C. Council of Churches, Siegel Avenue Partners, and Mecklenburg Ministries, and currently he serves on the boards of Union Presbyterian Seminary, Loaves and Fishes, the Hispanic Summer Program, and the Charlotte Chapter of the NAACP. His activism includes work with the Community for Creative Non-Violence in D.C., Durham C.A.N., H.E.L.P. Charlotte, and he has worked organizing clergy with and developing theological resources for the Forward Together/Moral Monday Movement in North Carolina. Rev. Sadler is the managing editor of the African American Devotional Bible, associate editor of the Africana Bible, and the author of Can a Cushite Change His Skin? An Examination of Race, Ethnicity, and Othering in the Hebrew Bible. He has published articles in Interpretation, Ex Audito, Christian Century, the Criswell Theological Review, and the Journal of the Society of Biblical Literature and has essays and entries in True to Our Native Land, the New Interpreter's Dictionary of the Bible, the Westminster Dictionary of Church History, Light against Darkness, and several other publications. Among his research interests are the intersection of race and Scripture, the impact of our images of Jesus for the perpetuation of racial thought in America, the development of African American biblical interpretation in slave narratives, the enactment of justice in society based on biblical imperatives, and the intersection of religion and politics.

Rev. Rodney Sadler

Co - Chair - People Demanding Action
North Carolina Forward Together/Moral Monday Movem
Radio Host: Politics of Faith - Wednesday @ 11 am

People Power with Ernie Powell

Ernie Powell has been involved in public policy, progressive campaigns and grassroots efforts since the mid 1960's. He worked as a boycott organizer with the United Farm Workers from 1968 until 1973. He then became a community organizer in Santa Monica, California involved in affordable housing advocacy while working with others in laying the foundation for one of the most progressive local rent control measures in the country. He organized on behalf of environmental and coastal access and preservation issues in California as well. Beginning in 1993 he served as Advocacy Representative and later as Manager of Advocacy for AARP in California working on national and state issues. He left AARP in 2012 to work as Field Director for the National Committee to Preserve Social Security and Medicare in Washington D.C. In late 2013 he returned to California and started a consulting business. He is a consultant with Social Security Works and is organizing groups nationally to fight for the protection and expansion of Social Security. He also consults with the California Long Term Care Ombudsman Association on issue impacting nursing home reform. He is a frequent author for Zocalo Public Square having just authored a piece on Social Security's 80th Birthday about the early impact of the Townsend Plan in building toward the passage of Social Security. Ernie has hosted two radio shows - the "Grassroots Corner" on "We Act Radio" in Washington D.C.and "the Campaign with Ernie Powell" at Radio Titans in Los Angeles. His focus for over 25 years has been on public policy issues impacting older Americans. He is a nationally recognized expert on grassroots organizing and campaigns. He is 66 years old and resides in Los Angeles, Ca.

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Social Security Works
Los Angeles

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Robert Dawkins is the founder of SAFE Coalition, North Carolina located in Charlotte, North Carolina. SAFE Coalition NC is a grassroots community coalition working to build public trust and accountability in NC law enforcement. We believe that critical dialogue, citizen oversight and legislative action are required to design a safe, accountable, fair and equitable system of criminal justice in our state.

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Charlotte, North Carolina

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