WASHINGTON — A progressive public policy think tank is urging the federal government to side against oil and gas transmission giant TC Energy in its ongoing…
“The Keystone XL case is a clear example of a company wanting to be compensated for making a risky bet,” wrote senior researcher Stuart Trew and Queen’s University professor Kyla Tienhaara, the report’s co-authors.
The company hopes to use a three-year grace period for NAFTA disputes that was included in the new USMCA, known in Canada as CUSMA. By the report’s count, some 15 investors including TC Energy lodged their disputes after NAFTA expired but before the grace period ended April 30.Article content “The U.S. argues that, had the CUSMA parties wanted to simply extend NAFTA’s investment rules and ISDS procedures for another three years, they would have done so through a boilerplate sunset clause,” the report says.
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