Fielding Suing Canada Re PCB Waste Export Ban

Fielding Chemical can now sue the federal government for damages, for the extra costs it incurred in disposing of PCB waste because of federal orders closing the US border to PCB exports, and as a result of storing the PCB waste at its facility for additional years while losing the opportunity to use the land and equipment for other purposes. The orders were issued in 1995 – 1997, purportedly for environmental reasons, under the Canadian Environmental Protection Act. As a result, Fielding was forced to use the Alberta Swan Hills facility to destroy its PCB wastes, instead of the less expensive services offered by US company SD Myers. Last month, Fielding had an important success.

SD Myers successfully challenged the orders under Chapter 11 of the North American Free Trade Agreement. In 2000, Canada was ordered to pay SD Myers $6,050,000 as damages plus costs, on the ground that the orders breached NAFTA and that "there was no legitimate environmental reason for