NAFTA gold mining opinion upholding California environmental regulation issued by arbitration tribunal

As I previously discussed in detail in this post, a NAFTA arbitration tribunal recently decided a closely-watched case in a way that will further environmental protection.  The panel’s 355-page opinion in the Glamis Gold case has been made public: here it is.

The panel decided in favor of California’s right to regulate in-state mining by foreign companies without having to compensate them for the negative economic impacts of that regulation.   A Canadian mining company had claimed that it was entitled to compensation for California’s enactment of regulations that the company contended would make it unprofitable for it to operate a gold mining operation in California’s Imperial Valley.

I haven’t had a chance even to skim the opinion yet.  If and when I do, I may offer follow-up thoughts about it.

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