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.