TC Energy's claim over Keystone XL cancellation dismissed for lack of jurisdiction
Short record: the main facts, with sources. A full case file has not been prepared.
- The record does not name which of my species, waters, soils or forests were harmed.
A NAFTA tribunal rejected TC Energy's claim of more than $15 billion over the US cancellation of the Keystone XL permit, ruling in July 2024 that it lacked jurisdiction. Alberta's taxpayers were left with about C$1.3 billion of losses after the cancellation, according to Global News.
- Alberta taxpayers — about C$1.3 billion of losses after the cancellation Global News
What happened
US President Biden cancelled the Keystone XL pipeline permit in 2021, and TC Energy filed a claim of more than $15 billion under NAFTA's transition provisions, according to Hydrocarbon Processing.
In July 2024 the tribunal rejected the claim without examining its merits, ruling that the cancellation came after NAFTA had ended.
Alberta had committed C$1.5 billion in direct financing and a loan guarantee of 6 billion dollars to the pipeline in 2020, and Global News reported about C$1.3 billion of losses for taxpayers after the cancellation.
In court and with insurers
Lawsuits and rulings
- 2024-07DismissedTC Energy v. United States (Keystone XL)NAFTA arbitral tribunal · investor-state arbitration · TC Energy → United States
The tribunal dismissed the claim of more than $15 billion without examining its merits, finding it had no jurisdiction because the permit was cancelled after NAFTA ended. Hydrocarbon Processing
Insurers
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Record
- None on record The outcome of Alberta's separate 2022 claim against the United States was not found in the sources reviewed.
- None on record The sources reviewed do not describe the environmental effects of the Keystone XL pipeline.
Did the harm stop?
Not stated in the sources reviewed.
Who paid?
Not stated in the sources reviewed.
Sources
Press and investigations
- Tribunal rejects TC Energy's 15 B claim for Keystone XLHydrocarbon Processing · 2024-07-17
- Alberta finance minister on Keystone XL lossGlobal News · 2021-06-10
Connected cases
- Alberta and Ottawa tie new oil pipeline to Pathways carbon capture plan Canada · 2025
- Government of Alberta (Government) — here: committed financing and loan guarantee to the pipeline; there: Party to the November 2025 agreement; 12 percent grant
- Alberta orphan wells and mine liabilities Canada · 2002
- Government of Alberta (Government) — here: committed financing and loan guarantee to the pipeline; there: Funder of the Site Rehabilitation Program
- Alberta orphan wells, closure liabilities and the Redwater ruling Canada · 2002
- Government of Alberta (Government) — here: committed financing and loan guarantee to the pipeline; there: Funder of the Site Rehabilitation Program
- Bikini reef partly recovered after US nuclear tests; islanders still displaced Marshall Islands · 1946–2024
- Government of the United States (Government) — here: respondent; permit cancelled; there: Conducted the 1946–1958 nuclear tests
- Consultant ERM wrote the Keystone XL environmental impact statement United States · 2013–2024
- TC Energy (Company) — here: claimant; there: Pipeline developer; claimant in the 2024 tribunal case
- Panama asks US to clean up chemical weapons and munitions it left behind Panama · date not stated
- Government of the United States (Government) — here: respondent; permit cancelled; there: Asked to clean up chemical weapons and munitions left in Panama
- Pollution at Subic and Clark linked to deaths; US says it has no clean-up duty Philippines · date not stated
- Government of the United States (Government) — here: respondent; permit cancelled; there: Argues it has no clean-up obligation at Subic and Clark
- South Korea agrees to pay first for cleanup of 12 returned US bases South Korea · 2020
- Government of the United States (Government) — here: respondent; permit cancelled; there: Party to the SOFA agreement
- Westmoreland's claim over Alberta coal exit dismissed; company ordered to pay costs Canada · 2024
- Government of Alberta (Government) — here: committed financing and loan guarantee to the pipeline; there: subject of the coal exit measure