Waste Not, Want Not
Canada on hook for discriminating against U.S. firm in PCB disposal case.
The American Lawyer
August 01, 2009
The second major NAFTA arbitration also involved waste. S.D. Myers, Inc., a small Ohio firm engaged in the cleanup and disposal of toxic PCBs, claimed that it was prevented from shipping Canadian waste to its U.S. facilities for treatment. In 1995 Canada closed the border to PCB shipments for more than a year and a half, insisting that hazardous materials shouldn't cross international borders. However, the arbitrators assigned to S.D. Myers's claim detected a more protectionist rationale—they noted that Canada's then environmental minister had made comments to the effect that PCB remediation should be undertaken in Canada by Canadians. In a 2000 award the arbitration panel found Canada liable for discriminating against S.D. Myers, and later awarded the company $6 million in damages. Two Canadian courts later upheld the award.
S.D. Myers v. Canada, decided November 2000
For claimant S.D. Myers, Inc. (Tallmadge, Ohio): Appleton & Associates For respondent Canada: Trade Law Bureau
