WASHINGTON, DC - Ways and Means Committee Ranking Member Sander Levin (D-MI) today issued the following statement following the news that TransCanada filed an investor-state dispute settlement (ISDS) claim under NAFTA against the United States regarding President Obama’s rejection of the Keystone XL Pipeline application:
“TransCanada’s challenge to the President’s decision on the Keystone XL Pipeline through a NAFTA investment claim further highlights why we must be certain that the Trans-Pacific Partnership trade agreement addresses serious concerns about the investor-state dispute settlement procedures. At least two proposals that I made last year would have made a difference in this case, yet the Administration chose not to accept them. For example, I recommended that we negotiate a ‘diplomatic screen,’ which would have allowed the U.S. and Canadian governments to agree this was not a case that can be pursued through ISDS. I also urged the Administration to negotiate a clarification that ‘arbitrary’ conduct does not amount to a violation of the minimum standard of treatment.
“A full and vigorous public debate is needed to identify problems like this one before the TPP agreement is signed."
