Obama administration will reject Keystone XL pipeline

[K1052]

How can an administrative decision exceed the power of the administrator?
I guess you could consider it violating a treaty, but that's connecting a few too many dots to seem plausible - beginning with what act or law of Congress being violated?

OTOH, damages are an interesting angle.

It doesn't, I'm extremely skeptical that TransCanada will prevail in either case.

http://www.reuters.com/article/us-transcanada-keystone-idUSKBN0UK2JG20160107

Chapter 11 of the NAFTA trade agreement between Canada, Mexico and the United States gives investors the right to make claims against governments.

Unlike Canada and Mexico, the United States has never lost a Chapter 11 NAFTA case. The NAFTA tribunal process, which cannot reverse the president's decision, would likely be lengthy and expensive.

TransCanada said it was "prepared for a lengthy process that could take several years."

James Rubin, an environmental regulatory lawyer with Dorsey & Whitney, said Keystone’s federal court suit would be "challenging.” He noted that courts have considered cross-border pipeline decisions before and have generally found they fall within the president’s discretion.

 

[Fanatical Meat]

http://business.financialpost.com/n...-denying-keystone-xl-pipeline?__lsa=9570-0118

How can an administrative decision exceed the power of the administrator?
I guess you could consider it violating a treaty, but that's connecting a few too many dots to seem plausible - beginning with what act or law of Congress being violated?

OTOH, damages are an interesting angle.

Just wait until the TPP is approved we'll see litigation like this much, much more often.

 

[Sonikku]

http://business.financialpost.com/n...-denying-keystone-xl-pipeline?__lsa=9570-0118

Free Trade FTL.

 

[werepossum]

How can an administrative decision exceed the power of the administrator?
I guess you could consider it violating a treaty, but that's connecting a few too many dots to seem plausible - beginning with what act or law of Congress being violated?

OTOH, damages are an interesting angle.

We get a LOT of treaty violation charges over NAFTA and similar treaties and agreement. We seem to lose most of them. It's one good reason to NOT sign over our sovereignty in such. Politically driven or not, we ought to have the right to deny a pipeline in our own damned country.