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NAFTA vs. Quebec pesticide ban

Wed, 2008-10-22 10:59.
Shuyee Lee

A  U.S. pesticide company may try to use the NAFTA backdoor to contest Quebec's pesticide ban and to get compensation.

Dow AgroSciences argues that Quebec's ban on the cosmetic use of pesticides has caused them to lose money and that it's a violation of the North American Free Trade Agreement.

The Indianapolis company has filed notice that it may go before the international tribunal and seek compensation of about $2-million plus damages.

"It's repugnant," says Kathleen Cooper of the Canadian Environmental Law Association, who argues the company is taking advantage of the NAFTA clause Chapter 11 to try to circumvent the courts and to try to stop pesticide bans from spreading.

"This is legislation that's been put in place by democratically elected governments."

"If they are successful, they may be able to force Quebec to overturn the law."

The company has until next month to decide if it will go ahead with its action.