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The Climate Litigation Database

TransCanada v. USA

Geography
International
Year
2016
Document Type
Litigation

About this case

Filing year
2016
Status
Decided
Geography
International
Court/admin entity
Arbitral TribunalInternational Centre for Settlement of Investment Disputes
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)
Principal law
International LawNAFTA (North American Free Trade Agreement)
At issue
Whether the denial of the application for a Presidential Permit to construct the Keystone XL Pipeline and the Government’s actions leading to that denial amounted to unfair treatment of a Canadian corporation
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
Search results
06/24/2016
Request for Arbitration
Petition

Summary

In January 2016, Transcanada Corporation filed a request for arbitration arising out of the denial of the application for a Presidential Permit to construct the Keystone XL Pipeline, a proposed 1,897 km crude oil pipeline from Alberta (Canada) to Nebraska (United States), and the Government’s actions leading to that denial. The company argued that due to the "politicization" of the Obama administration's decision on whether to award a Presidential Permit for the Keystone XL Pipeline the US government was in breach of NAFTA provision regarding national treatment, most-favoured nation treatment and minimum standards of treatment, and that its actions amounted to an expropriation of property for which the company was entitled to compensation. The case was subsequently discontinued after the Trump administration's reversal of the decision to deny the Presidential Permit.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Finance