- While Pres. Obama seeks to delay a decision on the Keystone XL pipeline until after the November midterm elections, Canada's government reportedly is considering launching a challenge under NAFTA.
- The government, acting alone or with TransCanada (TRP) and perhaps pipeline shippers, is said to be weighing its legal options for challenging the U.S. handling of the pipeline. but no decision has been made on how to proceed.
- Unlike other cross-border pipelines, whose approvals were given in a short time, TRP could make the case that Keystone is being treated differently than comparable pipeline applications and denying it "fair and equitable treatment" under NAFTA, according to a leading international trade lawyer.