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Dow launches NAFTA challenge against Quebec pesticide ban

The Globe and Mail reports that, “Dow AgroSciences LLC has decided to sue the federal government over Quebec’s ban on the residential use of pesticides. The U.S.-based company, maker of the herbicide 2,4-D, is claiming $2-million (U.S.) in damages, using controversial provisions in the North American Free Trade Agreement that allow businesses to sue governments over regulations that harm their interests.”

“The case has attracted wide interest because so-called cosmetic pesticide bans are becoming increasingly popular, with Ontario recently following Quebec’s lead in introducing one and many retailers removing chemical bug and weed killers from their shelves.”

“(Dow says) Quebec has ‘no scientific basis to impose the ban.’ It says 2,4-D, a weed killer often used on dandelions, has received extensive testing and there is ‘no evidence’ it poses a ‘health or safety risk to humans when used according to label directions.'”

The Canwest News Swervice adds, “Dow’s claim asserts the ban is tantamount to ‘expropriation’ of Dow investments, and accuses Canada of breaching ‘basic due process, transparency, good faith and natural justice.’ It accuses Canada of breaching its obligations under Chapter 11 of NAFTA, and seeks damages ‘without limitation’ covering loss of sales, profits, goodwill, investment and other costs related to the products.'”

Ecojustice will be representing Equiterre and the David Suzuki Foundation in this case. They have “urged the parties to move forward quickly in choosing the three-member NAFTA arbitration panel that will decide the case.”

The Council of Canadians will also be adding its voice in the public sphere to say that corporations using Chapter 11 to challenge democratically determined environmental laws is yet another reason why NAFTA must be renegotiated or abrogated.

WEB-LINKS
http://www.theglobeandmail.com/servlet/story/RTGAM.20090409.wdow0409/BNStory/National/?page=rss&id=RTGAM.20090409.wdow0409

http://www.canada.com/Business/sues+Canadian+government+over+pesticide/1482852/story.html