“TC Energy is disappointed that the tribunal hearing the company’s claim to recover more than $15 billion in damages resulting from the revocation on Jan. 20, 2021, of the presidential permit for the Keystone XL Project has determined in a jurisdictional ruling that the claim cannot proceed,” the company wrote in an email.
TC Energy’s Reaction
“We are both disappointed and frustrated with the tribunal’s decision to deny our right to bring a legacy NAFTA claim,” added Patrick Keys, TC Energy’s executive vice president and general counsel. “This ruling does not align with our expectations and views of the plain interpretation of the protections NAFTA and the USMCA were designed to offer. TC Energy was treated unfairly and inequitably in the revocation of the permit, which was driven by political considerations.”
TC Energy filed the case in late 2021 after Biden, on his first day as president, canceled the presidential permit that Donald Trump’s administration had granted the company to construct the controversial Keystone XL pipeline.
Background of the Keystone XL Pipeline
The pipeline, designed to run from Alberta, Canada, to Nebraska, had faced opposition from environmental groups, land use groups, and Native American tribal entities for years.
