TORONTO - Dow AgroSciences is mulling over a NAFTA challenge to Quebec's law banning the cosmetic use of pesticides, setting a spotlight on one of the most controversial clauses of the trade agreement among Canada, the United States and Mexico.
Under the trade pact, companies can claim that new laws or regulations are indirect expropriation of property without fair compensation, and Dow says it is out $2-million over the pesticide ban.
Although the company signalled in August that it was considering taking on Ottawa by filing a NAFTA notice of intent over the issue, it hasn't formally decided to go ahead with the legal action. But Brenda Harris, the company's manager of regulatory and government affairs, says a decision is pending and will be made this month.
If the company decides taking on Quebec's popular pesticide ban is worth the fight, it will likely intensify the efforts within the environmental community to have the trade deal revised to stop such corporate challenges.
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Will Dow Challenge Quebec Pesticide Law?
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By Martin Mittelstaedt
The Globe and Mail - Canada, April 3, 2009
Straight to the Source
