U.S. President Joe Biden, to the surprise of no one but Kenney, followed through on an election promise and cancelled a key permit for the pipeline on the first day of his administration. Now the premier is scrambling for a way to recoup some of Alberta’s losses, and he sees a trade agreement as offering some hope.
The former North American Free Trade Agreement (NAFTA) contained a chapter on investment that allowed foreign investors to sue governments in international arbitration. The owner of Keystone XL — TC Energy (previously TransCanada) — used NAFTA to launch a US$15 billion lawsuit in 2016 after President Barack Obama cancelled the project.