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To Federal Court and NAFTA?: Implications of the Dual Challenge to the US Decision on Keystone XL


March 17, 2016


Washington, DC (and webinar)

This program is sponsored by the International Environmental and Resource Law Committee of the D.C. Bar Environment, Energy and Natural Resources Section. Cosponsored by the ABA Section of Environment, Energy, and Resources, the ABA Section of Administrative Law and Regulatory Practice’s Energy Committee and the Environmental Law Institute

The challenges to the denial of the Keystone XL pipeline simultaneously in both US federal court and through the North American Free Trade Agreement's (NAFTA) investment chapter raise issues as to how challenges to US regulatory actions might be handled in international arbitration and the future of new trade agreements. Our panel of experts discussed the dual tracks chosen in the Keystone XL Pipeline context, and more generally the implications of such challenges under NAFTA and other trade agreements, including the Trans-Pacific Partnership.


  • Jim Rubin, Dorsey & Whitney (moderator)
  • Dan Magraw, School of Advanced International Studies
  • Bill Snape, Center for Biological Diversity, Professor at American University Law School
  • Dr. Todd Weiler, University of Western Ontario, London