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An Ohio-based PCB-processor, S.D. Myers Corp., is suing the Canadian government because it has banned the export of PCBs, and this is curtailing the profits that would potentially be made by the Myers Corp. if this ban were not in place. The news report says that environmentalists want the NAFTA environmental commission to suspend the S.D. Myers case until the commission can examine the risks to the environment that cases such as this will pose under the NAFTA investment rules. There has been a similar case decided under the NAFTA rules, involving the Ethyl Corp., which makes the gasoline additive MMT. This was also banned by the Canadian government. Ethyl Corp. sued the Canadian government and won, and the govenment also lifted the ban on MMT. Does the NAFTA environmental commission have the power to suspend cases while it conducts studies? One would think that, if they did, this would have been done during the Ethyl Corp. case. And if, as I fear may be the case, they don't, what on earth do we do now? Very very worried, Kathleen Morrison
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