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What the Bundy Militia Can Learn From TransCanada

Energy

Ammon Bundy and his assault-rifle-packing militia took over the Malheur National Refuge in eastern Oregon to kick off the New Year. Their gripe appears to be the federal government's pesky grazing regulations interfering with their "right" to earn a profit off government land. Gonna' be a showdown at the last chance corral I guess.

Now I imagine Bundy and the boys don't take a liken' to Wall Street bankers any more than they do to the feds. But in this instance, the bankers could help Bundy a lot and maybe save his life.

My advice to Bundy and his buddies holed up in Eastern Oregon facing a cold winter? Buy a ranch in Canada. Hire Goldman Sachs or JPMorgan to advise on a “tax inversion" in which using a legal slight of hand the Canadian ranch buys the Bundy ranch but Bundy remains in control of the combined operations. Then sue the U.S. government for $15 billion under the ISDS mechanism of NAFTA claiming the Bureau of Land Management grazing regulations interfere with their right to make a profit on their investment.

TransCanada, sponsor of the now dead Keystone XL pipeline and like Bundy no doubt, also dependent on preferred contractual access to public lands, shows the way. President Obama lobbed a final nail in the coffin by vetoing the pipeline and more recently by formally rejecting the project. But the deed was already done by the Saudis who killed it by unleashing a torrent of oil supply on the market, collapsing oil prices and ending the economic viability of Canada's grotesque tar sands and the need for the pipeline in the first place. In fact TransCanada had already withdrawn the plan from consideration.

However, that didn't stop TransCanada from now suing the U.S. for $15 billion in damages over Obama's decision that the Keystone XL pipeline was not in the interest of the U.S., including our “security, safety and environment."

“TransCanada has been unjustly deprived of the value of its multibillion-dollar investment by the U.S. administration's action," the company said in a statement after Obama formally rejected the planned pipeline prior to the Paris climate meeting, timed to bolster what he hopes will be his legacy as a leader on climate.

The Keystone XL pipeline decision was effected through a time-honored democratic process enshrined in the U.S. Constitution. Some agree with the decision, some don't. But that's not the point. The question is, on what basis can a foreign company sue the U.S. Government over a policy decision, putting American taxpayers at risk for $15 billion in this case?

The answer: by invoking the North American Free Trade Agreement (NAFTA) and its Investor-State Dispute Settlement (ISDS) clause. This clause, as I previously explained here and here, about the contentious Trans-Pacific Partnership (TPP) trade agreement now awaiting approval by Congress, amounts to a veritable “trading away of our sovereignty." The TransCanada suit proves the point and it's not the first such suit challenging a nation's sovereignty. TPP will open up this insanity to 13 countries and economic activity representing 40 percent of world GDP.

My advice to Bundy and his buddies holed up in Eastern Oregon facing a cold winter? Buy a ranch in Canada. Hire Goldman Sachs or JPMorgan to advise on a “tax inversion" in which using a legal slight of hand the Canadian ranch buys the Bundy ranch but Bundy remains in control of the combined operations (see the recent Pfizer inversion for details). Then sue the U.S. government for $15 billion under the ISDS mechanism of NAFTA claiming the Bureau of Land Management grazing regulations interfere with their right to make a profit on their investment. This gets the issue away from the annoying U.S. government and into the hands of a three-person extrajudicial tribunal to determine the outcome of the case. Sweet. In the meantime, stand down, holster your guns and thus, stay alive to fight another day. You can always ammo up later if the tribunal lets you down.

Oh and if Bundy doesn't have the cash to buy the Canadian ranch, no problem. There are a number of tougher than Bundy (no guns required) hedge funds that will be all too happy to lend money into a lawsuit and then corrupt the judicial process by bribing the lawmakers (sorry exercising their rights to free speech under Citizens United) to make a buck. For details, see the current battle in Puerto Rico where these hedge funds are using their campaign contribution derived power to influence legislators over the decision to refuse Puerto Rico access to the normal and civilized protections afforded other borrowers including Donald Trump—but not our children if they take out a student loan—under the bankruptcy code. No doubt these hedge funds will have some crafty ideas for how to swing a simple three-person tribunal. For a mere 20 percent of the profits plus expenses, it's a deal!

Insanity is the new normal in America.

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"Based on the information we have, we do not believe there are any survivors on the island," the police said in their official statement. "Police is working urgently to confirm the exact number of those who have died, further to the five confirmed deceased already."

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The eruption occurred at 2:11 pm local time on Monday, as footage from a crater camera owned and operated by GeoNet, New Zealand's geological hazards agency, shows. The camera also shows dozens of people walking near the rim as white smoke billows just before the eruption, according to Reuters.

Police were unable to reach the island because searing white ash posed imminent danger to rescue workers, said John Tims, New Zealand's deputy police commissioner, as he stood next to Prime Minister Jacinda Ardern in a press conference, as The New York Times reported. Tims said rescue workers would assess the safety of approaching the island on Tuesday morning. "We know the urgency to go back to the island," he told reporters.

"The physical environment is unsafe for us to return to the island," Tims added, as CNN reported. "It's important that we consider the health and safety of rescuers, so we're taking advice from experts going forward."

Authorities have had no communication with anyone on the island. They are frantically working to identify how many people remain and who they are, according to CNN.

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"White Island has been a disaster waiting to happen for many years," said Raymond Cas, emeritus professor at Monash University's school of earth, atmosphere and environment, as The Guardian reported. "Having visited it twice, I have always felt that it was too dangerous to allow the daily tour groups that visit the uninhabited island volcano by boat and helicopter."

The prime minister arrived Monday night in Whakatane, the town closest to the eruption, where day boats visiting the island are docked. Whakatane has a large Maori population.

Ardern met with local council leaders on Monday. She is scheduled to meet with search and rescue teams and will speak to the media at 7 a.m. local time (1 p.m. EST), after drones survey the island, as CNN reported.