TransCanada Sues Obama Administration; Says Keystone Pipeline Rejection Was Unconstitutional

Tyler Durden's picture




 

On November 6, Obama was delighted to take his place in the pantheon of progressive, liberal Warren Buffett apparatchiks when he proudly announced that the Keystone XL pipeline, which had been delayed for years, had finally been rejected.

 

Exactly two months later, Obama's "mission accomplished" banner has just led to a big slap on the face of the former constitutional expert, and could carry a multi-billion dollar chage after late this afternoon, TransCanada filed a lawsuit in Federal court in Houston, suing the U.S. government and claiming the Obama acted unconstitutionally when he rejected the Keystone XL, while also seeking $15 billion alleging the pipeline denial was "arbitrary and unjustified."

The company's lawsuit in federal court in Houston does not seek legal damages but wants the permit denial invalidated and seeks a ruling that no future president can block construction.

According to Reuters, in filing the NAFTA claim, TransCanada said it "had every reason to expect its application would be granted" as it had met the same criteria the U.S. State Department used when approving other similar cross-border pipelines.

"Presumably they have a case that there are damages, as they were led to believe that if they did these things they'd get it across the line, but they weren't able to," said portfolio manager Ryan Bushell at Leon Frazer & Associates in Toronto, whose firm owns more than a million shares in TransCanada.

 

"I'd imagine that this is more than a PR move and they believe they have a real case."

If so that would be big trouble for not only Obama, who will have to find a lot of NSA dirt on a Texas federal judge, but also for Warren Buffett, whose intervention in Obama's "decision-making process" on halting TransCanada will surely be divulged during the discovery process, revealing the crony capitalist who stood to benefit the most.

The White House referred requests for comment to the U.S. State Department. The State Department did not immediately respond to requests for comment. 

Not surprisingly, Canada is staying far away from this one, In Ottawa, a spokesman for the Canadian foreign ministry said the government "has no role in this dispute." Since October, Canada has been run by Justin Trudeau's Liberals, who backed the pipeline but not as vociferously as the former ruling Conservatives.

TransCanada said it will also take an after-tax write down of C$2.5 billion ($1.78 billion) to C$2.9 billion in the fourth quarter after the permit denial.

The environmentalists, despite winning the first round, are suddenly concerned:

"The suit is a reminder that we shouldn’t be signing new trade agreements like the Trans Pacific Partnership that allow corporations to sue governments that try and keep fossil fuels in the ground," said Jason Kowalski, policy director of environmental group 350.org which opposed the pipeline.

TransCanada called the rejection "a symbolic gesture" aimed at burnishing the Obama administration's leadership on climate change in the eyes of the international community.

It was, of course, right. But more importantly, the rejection was a means to promote Warren Buffett's "alternative" oil pipelines, the railways, which in 2015 had their worst safety year on record, with countless flaming BNSF derailments, which, oddly enough, the White House had little to say about.

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Thu, 01/07/2016 - 01:13 | 7009268 Yen Cross
Yen Cross's picture

I see your idea, but the markets keep melting down.

 It's getting really ugly, and printing money isn't going to fix the situation.

 The best way to make things work, is going to be very painfull.

Thu, 01/07/2016 - 01:33 | 7009307 jcdenton
jcdenton's picture

Painful, yes .. But effective!

 

http://www.veteranstoday.com/2014/07/30/the-coming-return-of-the-real-us...

Intel Cowboys are very good at administering pain. In correct does. On the correct people. At the correct -- time ..

Very, Very Bad Things

 

The Voice put it a different (albeit more descriptive and brutal) way to Jim Willie in December as an early Christmas present ..

 

Guys, the plug has been pulled. Let the show begin. Our organization has been alerted accordingly to that effect this morning at 4am, that the deed is done. The battle trigger code has been chosen. It will get incredibly ugly, as real casualties will result. The annihilation of entire groups of people within the corrupt and criminal systems will be unimaginable to normal humanoids. These systems will be totally dismembered and crushed, never to be resurrected. The cabal is being caught in a grand dragnet, with the outcome certain to be their extermination, along with all their agents and collaborators. The effects of this event driven scenario will become visible to the ordinary people in early 2016 and forward. Once the dust settles, it is clear to me that the human population will be noticeably lower, with fewer people roaming this planet.

 

Stew Webb, Lon Gibby (for Lee Wanta), and Dr. Preston James gave some hints back in March ..

 

https://app.box.com/s/hfgvcqg7gqh7i27at6sv53ywu87lwarp (Read Me First)


 

Thu, 01/07/2016 - 17:30 | 7013791 Abbie Normal
Abbie Normal's picture

And what happens when the oil producers run out of supplies or equipment?  It's not likely that their global suppliers will accept payment in CAD.

Wed, 01/06/2016 - 23:16 | 7008890 Hohum
Hohum's picture

Yes, build that pipeline so oil companies, despite losing money on every barrel, can make it up on volume.

Wed, 01/06/2016 - 23:25 | 7008919 OldPhart
OldPhart's picture

OT, but check out the 'El Nino Migration' going on here in California...

https://www.youtube.com/watch?v=kH24GXEDHxI&feature=youtu.be

 

Wed, 01/06/2016 - 23:25 | 7008925 nevertheless
nevertheless's picture

Interesting how police can kill Americans (I know to some African Americans are not really Americans) without repercussions, spy on Americans, start wars for Israel, expand NATO to Russia's borders, prop up dictators and Nazis around the world, but there will be hell to pay if you get in the way of the rich making money off public lands and public resources. 

 

America had more than 50% of the world's wealth in 1945, then came the advent of the multinational corporation and the zionist, now America is broke/in dept, and we fight wars for the rich....how far we have fallen. 

Thu, 01/07/2016 - 00:14 | 7009100 FreedomGuy
FreedomGuy's picture

Can America take responsibility for itself or does everything have to be Jews...at least everything bad? How about white people. Let's blame white people. They conquered the whole earth, invented Communism and most the people we see in the ME actually look pretty...Caucasian. Let's do a Caucasian conspiracy. Seems like we could put something together. I am tired of the old theories.

Thu, 01/07/2016 - 00:45 | 7009192 hxc
hxc's picture

For fucking real.

Wed, 01/06/2016 - 23:33 | 7008927 Yen Cross
Yen Cross's picture

 Where's my saved rolls of deutschmarks?

 Angela Merkle is showing her "true colors" right now.

 Western civilization is coverered in debt, and the banking practices of Islamic Trading, don't allow SWAPS (currency differentials) on trades?

 I do my homework.

Wed, 01/06/2016 - 23:26 | 7008930 Fred Hayek
Fred Hayek's picture

Constitutional expert?
The guy who referred to "that paper" because his handlers told the dummy going out front not to even use the word "constitution" in his fake tear press conference? That Constitutional expert? The guy who signs all the blatantly unconstitutional legislation, Obamacare, NDAA, TPP that the handlers tell him to sign? That Constitutional expert?

Wed, 01/06/2016 - 23:27 | 7008935 WillyGroper
WillyGroper's picture

A round of layoffs at BNSF.

Greedy porker.

Wed, 01/06/2016 - 23:43 | 7008978 abyssinian
abyssinian's picture

Can the American people sue him for bad acting job the other night with his crocodile tears? 

Thu, 01/07/2016 - 00:03 | 7009039 opport.knocks
opport.knocks's picture

I am Canadian and have been a TRP shareholder for decades. Love the stock and dividend. But I cannot see how they can possibly win this case. It was always a political project and it lost to a political decision.

Would it not have been better to just wait until after the next election and try again?

Thu, 01/07/2016 - 02:16 | 7009403 certified for silver
certified for silver's picture

They are suing because the Canadian side of the keystone project has been completed for over 2 years now. I'm sure Transcanada isn't happy taking the hit for the Hardisty hub.

Thu, 01/07/2016 - 01:01 | 7009060 Haole
Haole's picture

These new trade pacts are going to be interesting for "environmentalists".

Thu, 01/07/2016 - 00:08 | 7009078 Yen Cross
Yen Cross's picture

  See ya in london, you little pekker heads.

 Whimps on a rope---?

Thu, 01/07/2016 - 00:11 | 7009087 logical-different
logical-different's picture

Dear TRANSCANADA 

Talk about a bunch of fools.  Do you realize oil has hit rock bottom and it is not worth building a pipeline.  Wait a minute you bastards you're trying to make a bundle of money without moving any oil. Now you want the tax payer to fork out a load of money for what reason.  Ah you say your corporate profits are a little low since the decision was made to halt the project.  

Well on behalf of the beleaguered tax payer go screw yourself.

P.S. Dear tax payers. You should all realize that the TRANS PACIFIC PARTNERSHIP that the United States is about to sign has this exact clause built into the agrement that they will sign with Canada. In the TPP the companies will have their own court system and it will be private. When a judgement is made against a country such as being unable to make what they deem fair profits, hindering profits, etc they can sue the government by this very court. The tax payer will not be able to find out what the final decision will be.  However, the tax payer will have to pay the very abundant fine levied against the offending country.

You'd be correct in your thinking if you believe the corporations are about to be handed another superb way of controlling the masses. This is a lifetime agreement and is the final nail in the coffein allowing the corporations take over of the capitalist system in its entirety. It is part of the New World order structure of things and the average citizen will never have a say in the matter..

Thu, 01/07/2016 - 00:20 | 7009117 FreedomGuy
FreedomGuy's picture

Try some of that logic in your moniker. They are thinking decades. It takes a decade to pull this off by itself much less get anything going through the oil lines. Also, it may still have a cost advantage.

Tax payers or citizens pay in a dozen different ways, moron. We can pay in higher gas prices than would otherwise exist. We may pay for a bail out if they go belly up because of this. We really do not pay if, as a private transaction they complete it and fail.

It's not a suit over profits but contract.

You economic morons are a one-trick pony with one old worn out template that you repeatedly apply. Try to use some judgment ocassionally or you are just as worthless as the leftists who live in a different part of economic fantasyland.

If contracts can be revoked at will, trade can be stopped purely for political purposes, regulations fully met no longer count (as in abrogation of law) then no one is safe.

You actually believe that Obama is saving us from the New World Order by blocking the pipeline? Seriously?

Thu, 01/07/2016 - 00:28 | 7009137 NoWayJose
NoWayJose's picture

You are half right. They are seeking damages for the denial, not a subsidy from taxpayers. And the economics will be left up to the market and capitalism to solve.

You are dead on with the TPP / American companies will move even more factories overseas, then sue if America doesn't let them ship the finished product back without any tariffs. Corporations can also get any US laws overturned, and can suck more taxpayer money on frivolous lawsuits.

Thu, 01/07/2016 - 00:52 | 7009209 logical-different
logical-different's picture

I appreciate your comment. However, when a company sues the government the successful lawsuit is paid with tax payer funds.  The TPP just makes certain that it is a win, win outcome for the corps.

Thu, 01/07/2016 - 01:22 | 7009292 FreedomGuy
FreedomGuy's picture

ON that part you are correct. However, the point of the lawsuit may simply be to unfreeze the pipeline as well as send a political message.

If I were the company, I would do the same, though.

Thu, 01/07/2016 - 02:25 | 7009421 Urban Redneck
Urban Redneck's picture

The economics will be left up to a panel of three arbitrators to decide (most of whom I know).  Based on the publicly available history of the dispute- they will decide in favor of of TransCanada.  The primary question would be as to the amount of damages the US will pay.

From Evidence in International Arbitration (Pietrowski, 2006) and one of the two arbitrators who ruled in favor of Peter Munk in the Pyramids Oasis case and set the ISDS ball in motion...

The Parties may present any proof that they judge useful, and the Court is entirely free to take the evidence into account to the extent that it deems it pertinent.1


M. Huber

Thu, 01/07/2016 - 05:50 | 7009681 modest_proposal
modest_proposal's picture

Why on earth would TransCanada prevail? The criteria for this kind of permitting includes 'best interests of the United States' (or similar verbage). If, at the end of the day, any deciding official in the government determines with any shred of credibility that they feel the permit is not in the best interests of the US, then they are legally justified in denying the permit. Keystone XL has never been a sure bet from either side of the argument - there are valid arguments in both directions. As long as gov't can point to some set of factors that are in some way negative, then gov't has justification to exercise their judgement and deny the permit. Particularly in cross-border issues, gov't discretion is very broad.

The only (ONLY) strategy I can see by which this might be successful is if TransCanada can draw it out long enough for a different administration to decide to cease defending the case and settle. On the merits, I just don't see any risk/reward.

Thu, 01/07/2016 - 07:20 | 7009868 Urban Redneck
Urban Redneck's picture

It's a clear violation of fair treatment, due to politicization especially when viewed in the context of other pipeline that have been approved and the publicly available evidence (including an admission by the white house of politicization). 

In terms of making lemonade out of lemons- I would love to see request by the claimant for ALL communications between the Executive Branch and Warren Buffet and Tom Steyer.  If the respondent refuses to produce everything the NSA has in its data warehouse, that could be construed by the tribunal as evidence, and set a precedent for the US in other arbitrations that would make them rethink of the "wisdom" of how the NSA operates. 

Thu, 01/07/2016 - 10:39 | 7010949 Toronto Kid
Toronto Kid's picture

Reward? Email discoveries in the 'please cough up all of your emails regarding' court orders. News headlines regarding what person x foolishly said in an email to person y.

I could be wrong (I predicted 18 degree Celcius weather this am and it's -3 out) but this isn't about reward. This is the other R word, revenge.

How much would certain deep pockets be willing to pay to make this whole thing go away?

Thu, 01/07/2016 - 10:55 | 7011050 Gohigher
Gohigher's picture

Obama: "when the Tar Sands hit the fan, I will side with Warren and the Saudis. Fuck the stupid American voters."

Thu, 01/07/2016 - 02:37 | 7009450 GoldenDonuts
GoldenDonuts's picture

My question is Who are these off shored companies going to sell to?  Joe six pack in the west can't afford to buy anything because he doesn't have a job and Ng Ho can't afford to buy anything because he is paid nothing and really he just wants to end it all by jumping off of the factory roof.  Unfortunately the company is one step ahead and has locked the doors to the roof.

Thu, 01/07/2016 - 01:10 | 7009263 Bazza McKenzie
Bazza McKenzie's picture

While your concerns about Investor-State Dispute System (ISDS) might have some general validity, it appears irrelevant to this case.

Trans Canada is apparently suing in a US Court, under US law, not via an ISDS process.  Either their case is valid at US law, and should be upheld, or it is not valid and they will pay the costs of a frivolous law suit.

Unless you, with Obama, are of the view that legal rights should be expunged when you happen to disagree with someone's business interests and activities, they have every right to pursue their day in court and any cost to the taxpayer is down to Obama not to the company involved.

Thu, 01/07/2016 - 01:51 | 7009343 Urban Redneck
Urban Redneck's picture

You should have read the linked Reuters article:

TransCanada Corp sued the U.S government on Wednesday to reverse President Barack Obama's rejection of the Keystone XL pipeline, and also plans to seek $15 billion in damages from a trade tribunal.

 

TranCanada's lawsuit in a federal court in Houston, Texas, called rejection of its permit to build the pipeline unconstitutional. In a separate action under the North American Free Trade Agreement (NAFTA), the company said the pipeline permit denial was "arbitrary and unjustified."


The company's U.S. lawsuit does not seek monetary damages but wants the permit denial invalidated and seeks a ruling that no future president can block construction. Its request for $15 billion under NAFTA reflects its desire to recover its investment in the pipeline.

Thu, 01/07/2016 - 05:43 | 7009676 Singelguy
Singelguy's picture

Oil prices may not have hit rock bottom yet. However, the point is that this litigation will probably take a few yars and by the time itis resolved, prices are likely to have risen again by then. Don't be so presumptuous.

Thu, 01/07/2016 - 00:25 | 7009134 Northern Lights
Northern Lights's picture

So, Obama is gonna fall to a Canadian Company.

Who'd a thunk it?

Thu, 01/07/2016 - 01:04 | 7009248 yogibear
yogibear's picture

Again Buffet  funding Obama to get elected pays off.

As payback Obama stopped the pipeline forcing the transport of oil over Buffet's railroad.

Thu, 01/07/2016 - 01:15 | 7009273 ihatebarkingdogs
ihatebarkingdogs's picture

My evening is made. Boris showed up, and as usual made me chuckle.

Thu, 01/07/2016 - 01:30 | 7009276 Yen Cross
Yen Cross's picture

 I'm really concerned... This melt down in the equity markets, and gold stopping at the 38.% fibi?

 This isn't a good situation MBS, HYG,HY,  Bond holders?

 Banks think that lower P/E's will fix things?  NOPE

 The system needs to get flushed! Amazon who?

 The markets NEED to clear their throats! UGLY Hooker Style!

Thu, 01/07/2016 - 01:31 | 7009300 Fuku Ben
Fuku Ben's picture

What lawyer dreamed up this strategy? Canada must be getting desperate with the drop off in the oil industry. The Constitution is no longer in effect in the "Federal Corporation" called the "United States". Case dismissed with prejudice.

Now if TransCanada can prove that their company was run by a gay couple at the time I may rule in their favor based on discrimination and precedent set by courts inside the illegal fiction known as the U.S. that forces people to do business with each other.

http://www.wsj.com/articles/court-rules-baker-cant-refuse-to-make-weddin...

Thu, 01/07/2016 - 01:32 | 7009304 Fullthrottle
Fullthrottle's picture

A just and wonderfull idea, only problem is to little to late. With Oil Trading under 35 a BL is it even profitable leaching that shit out of sand. EHH. 

Thu, 01/07/2016 - 02:04 | 7009375 Vlad the Inhaler
Vlad the Inhaler's picture

Can one you Constitutional scholars point out the part of the document that Obama went against here?  Right.  And by the way, there's been court cases where precedent has already been set in this issue.  Canadians fuck off eh.

Thu, 01/07/2016 - 02:31 | 7009438 GoldenDonuts
GoldenDonuts's picture

How about the part where it is clear that congress makes up the rules not Herr Obama.  Oh and they are supposed to decide on the budget, mint the coin, and declare war.  But hey in the new America who needs those stuffy old rules?

 

U  S  A ... U S A ... U S A ...

 

It strikes me as bizarre how many Americans puff out their chest about their "freedom",  "constitution", "free market"  and are totally blind to their government shitting on all three while the banks destroy the last.

Thu, 01/07/2016 - 16:10 | 7013282 Vlad the Inhaler
Vlad the Inhaler's picture

Article I, section 7 of the Constitution grants the President the authority to veto legislation passed by Congress.

Thu, 01/07/2016 - 02:18 | 7009404 JPMorgan
JPMorgan's picture

When it suits comes to mind.

Otherwise the constitution had been all but forgotten and pushed aside.

Thu, 01/07/2016 - 03:15 | 7009502 SmittyinLA
SmittyinLA's picture

Obama can reject the lawsuit outright (executive privelege)
but he won't, Obama always favors the donors in private.

If he cared about the environment.... he'd enforce immigration laws.

Thu, 01/07/2016 - 04:20 | 7009580 gregga777
gregga777's picture

Of course the denial of the XL pipeline was Unconstitutional because Indonesian citizen Obama is an Unconstitutional President.

Thu, 01/07/2016 - 04:43 | 7009595 Atomizer
Atomizer's picture

Don't waste your time in court, recreate September 16, 1920. That will fix the problem in a jiffy. A few HFT servers will parish as well. You know, computer algorithms are people too. /LOL. 

Wall Street: Anarchist Bombing https://m.youtube.com/watch?v=JJ1Fj2fnfAI

 

Thu, 01/07/2016 - 05:34 | 7009665 shutterbug
shutterbug's picture

Two of the men on earth which should be hanged from the highest tree.

Both are traitors to humanity but the zombie public smiles and claps for both of them.

 

A railway is better then a pipeline...... to what criminal level of stupidity can you get?

Thu, 01/07/2016 - 07:32 | 7009913 orangegeek
orangegeek's picture

LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! LMFAO!!! 

Thu, 01/07/2016 - 07:52 | 7010005 Last of the Mid...
Last of the Middle Class's picture

Death of the Keystone pipeline was a textbook example of government and private cooperation. In it's most evil form.

Thu, 01/07/2016 - 08:07 | 7010070 GhostOfDiogenes
GhostOfDiogenes's picture

I really cannot figure out who is jewing who anymore.

Thu, 01/07/2016 - 08:15 | 7010115 roadhazard
roadhazard's picture

LOL, fuck TransCanada. Fuck Big Oil.

 

I <3 cheap gas.

Thu, 01/07/2016 - 08:58 | 7010307 paint it red ca...
paint it red call it hell's picture

"in filing the NAFTA claim"

And therein lies the problem, a NAFTA claim and unconstitutionality accusation leveled by a foreign corporation.

Can everybody guess, keeping the TPP in mind, what a precedent setting ruling will lead to on this one.

The defense here is to point out the blatant disregard US government has generally for the constitution, for non aggression treaties and for separation of powers. That ain't gonna happen.

 

Thu, 01/07/2016 - 09:59 | 7010697 TXSOONER
TXSOONER's picture

EXCELLENT. I hope TransCanada KICKS OBAMA's ASS and uses the CONSTITUTION to do it.

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