The Council of Canadians marching against the proposed Kinder Morgan pipeline in Burnaby, August 2011.
Is Texas-based Kinder Morgan preparing to launch a NAFTA Chapter 11 challenge against Canada over the Trans Mountain pipeline?
Financial Post columnist Terence Corcoran has commented, "If the pipeline expansion does not proceed, Canada sets itself up for a potential multi-billion-dollar NAFTA dispute with Kinder Morgan, the Texas energy giant that has already invested $1 billion in the project. It also raised $1.3 billion in a Canadian share offering last year. If Ottawa cannot force the pipeline through, Kinder Morgan would appear to have a case under NAFTA’s Chapter 11, which guarantees fair and equitable treatment — and protection — to foreign investors such as Kinder Morgan."
Corcoran adds, "Ian Anderson, head of Kinder Morgan’s Canadian subsidiary, has been laying some of the ground for a possible legal position for some time."