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[killer rin]

http://www.huffingtonpost.ca/2015/10/16/t-boone-pickens-ontario-lawsuit-nafta_n_8313942.html

For the past four years, Texas oil billionaire and corporate raider T. Boone Pickens has been suing the Liberal government in Ontario under NAFTA, arguing he has been the victim of "unfair" backroom deals involving the province’s green energy program. A NAFTA tribunal is expected to rule on Pickens’ $700-million lawsuit this month, The New York Times reported Friday, describing the dispute as the 87-year-old tycoon’s “last big battle.” The case is one of many that has some social activists concerned that foreign businesses enjoy too much influence over policy under NAFTA’s chapter 11, which allows foreign investors to sue Canadian governments to protect their investments, without first going through Canadian courts. A recent study from the Canadian Centre for Policy Alternatives said 70 per cent of claims under NAFTA’s chapter 11 were targeted against Canada, making it the most-sued country under the trade agreement.

Pickens’ lawsuit alleges “abuse of power” and “undue political interference” in the handing out of contracts for wind power in Ontario, part of the province’s multi-billion-dollar green energy plan, launched in 2009. The lawsuit, filed in 2011, claims that Pickens’ renewable energy company, Mesa Power, lost out on wind power contracts to Florida-based NextEra Energy because NextEra donated $18,600 to the governing Liberal Party before the 2011 provincial election. The suit says this gave NextEra exclusive access to government officials.

The New York Times reports:

A review of documents and emails between NextEra executives, lobbyists and government officials show that NextEra met and held calls with high-level officials at the Ontario Ministry of Energy, the premier’s office and the power authority, even as Mesa Power executives were told they could not speak to officials until contracts were awarded. When NextEra lobbyists requested more information, officials sometimes responded within hours.

Ontario granted NextEra $3.8 billion in energy contracts, the Times reports, adding that Pickens had hoped those contracts would be the cornerstone of the renewable energy company he founded in 2007. The suit also claims the Ontario government imposed a variety of “prohibited” buy-local rules, which the suit says violates NAFTA rules. The Ontario government rejects Pickens’ claims.

“The Ontario Power Authority (OPA) runs an open, fair, and transparent process to award clean energy contracts under the feed-in-tariff program, “ Brad Duguid, then the province’s energy minister, told the Globe and Mail in 2011. An OPA official told the Times that Mesa Power didn’t submit its applications properly. “In my view, many of Mesa Power’s failures were caused by its sloppiness and lack of care in preparing its application, and the consequent failure to satisfy clearly defined criteria,” procurement manager Richard Duffy said. The Times notes that Mesa and NextEra are actually often on the same side of policy and political issues — both Pickens and NextEra have backed Jeb Bush’s bid for the White House.

Pickens recently donated $100,000 to the Bush campaign, in the hopes that a Bush victory would lead to a green light for the Keystone XL pipeline. Pickens is a big fan of the oilsands, arguing that full exploitation of the resource could make the U.S. independent of Middle Eastern oil.

So, I found this on the Huffington post today, first time I am hearing about it, but essentially this billionaire from Texas is Suing the Ontario Government for 700 Million under NAFTA over our Green Energy Program in which we spent billions of dollars closing coal plants and building up green sources of energy.

The whole thing is apparently a mess because he is claiming corruption (which wouldn't be too much of a surprise given the past few years), but even more than that; the article goes on to say that under NAFTA Canada is one of the most sued countries by far, something I personally didn't know and think many would find to be an interesting statistic

Anyhow, the reason I bring this article up, mainly in the wake of the TPP coming out is to remind everyone how these deals tend to evolve into completely different beasts over time. What starts as a simple deal can end in your country being sued to hell and back by companies for pushing policy that the people of that country voted to enact.

 

[LUFTRAUSER]

I think the Oil Billionaire thing in the headline is misleading, because he is actually upset his company wasn't picked to build wind turbines. And he might be right about the possible conflict of interest.
I think the strangest detail is that it was another American company that was picked, and Canada is still getting sued.

 

[killer rin]

I think the Oil Billionaire thing in the headline is misleading, because he is actually upset his company wasn't picked to build wind turbines. And he might be right about the possible conflict of interest.

True, I just copied the headline from the front page of the Huffington Post.

 

[Lexxism]

It's only going to get worse for Canada when TPP comes over. RIP Canada

 

[LUFTRAUSER]

True, I just copied the headline from the front page of the Huffington Post.

No don't worry. Once I saw it was Huffington Post I was certain that was the original headline.

 

[Mimosa97]

And US companies will have the right to do the same thing to european countries once the TTIP is signed.

 

[killer rin]

No don't worry. Once I saw it was Huffington Post I was certain that was the original headline.

Alright.

Anyhow, personally I think, if this turns out to be an actual legit corruption rulling, then he has every right to be upset; but at the same time the article says he didn't file out his papers correctly, so if that is true then he can only blame himself... though under the same train of thought a simple google search says that most US companies which file charges under NAFTA against Canada win, so this could be a win with or without coruption being determined.

Though like the OP says, I'm personally more interested in the figure that Canada is the most sued country under NAFTA, so when put into perspective of the TPP which expands those powers; that could turn out really bad for us.

 

[A Fish Aficionado]

And US companies will have the right to do the same thing to european countries once the TTIP is signed.

That's the most egregious shit from the TTIP. Corporations can sue for "loss of potential revenue"

You can hear an old interview of economist Yves Smith about this on Harry Shearer's podcast

 

[KevinRo]

And US companies will have the right to do the same thing to european countries once the TTIP is signed.

Ah, so there is a provision that only US companies can sue? Interesting.

/s

 

[Lord Panda]

The TPP will make NAFTA look like child's play.

 

[Nesotenso]

I think the Oil Billionaire thing in the headline is misleading, because he is actually upset his company wasn't picked to build wind turbines. And he might be right about the possible conflict of interest.
I think the strangest detail is that it was another American company that was picked, and Canada is still getting sued.

yup

 

[Chariot]

That's the most egregious shit from the TTIP. Corporations can sue for "loss of potential revenue"

Yeah, fuck that shit.

 

[dreamghost]

A preview of life after TPP is law.

 

[Mimosa97]

Ah, so there is a provision that only US companies can sue? Interesting.

/s

Look at Nafta. Look at how many US companies sued the canadian government vs how many canadian companies sued the Us government. And look at the percentage of lawsuits US companies actually won and how much it hurt Canada.

So please don't think I'm being unfair here. It's the sad truth. These deals are going to benefit big US companies A LOT.