3 ms·

How does that work? I mean, putting aside the political & scientific issues around clean energy etc. How does the government get to revoke a permit after sign

How does that work? I mean, putting aside the political & scientific issues around clean energy etc. How does the government get to revoke a permit after significant work and money was already spent based on getting the permit in the first place? Does the government pay compensation? Does the company have to file a lawsuit?

maxerickson 5y ago
The text of the permit included a clause that said it could be revoked solely at the discretion of the president. So all it takes is the president deciding to revoke it. I'm kind of fascinated that people see such a breezy permit as an important factor in the decision to build something or not. Of course they need the permit to construct the border facility, but they aren't going to make the investment decision just based on the existence of the permit.
toyg 5y ago
Government gonna govern. Unless there are specific appeal clauses in the relevant permission processes, most governments can (and will) do what they want on this sort of issue. You can interpret it as a prevarication over the private individual/company, or as a reaffirmation of society's right to change its mind. This sort of scenario is precisely why private interests lobby so hard to add arbitration rules to international free-trade agreements, btw; they want to protect their investments against changes in political winds, by moving judgements on compensation to a dodgy world of ad-hoc pseudo-legal structures.
krastanov 5y ago
Look at the history of this permit: Obama's administration being against it; agencies and courts during Trump's administration being against it, but being fought; Biden's administration being against it. There was never certainty here and this company was gambling, hoping there is another administration today.

3 ms·

How does that work? I mean, putting aside the political & scientific issues around clean energy etc. How does the government get to revoke a permit after sign

by ineedasername 5y ago

maxerickson 5y ago
The text of the permit included a clause that said it could be revoked solely at the discretion of the president. So all it takes is the president deciding to revoke it. I'm kind of fascinated that people see such a breezy permit as an important factor in the decision to build something or not. Of course they need the permit to construct the border facility, but they aren't going to make the investment decision just based on the existence of the permit.
toyg 5y ago
Government gonna govern. Unless there are specific appeal clauses in the relevant permission processes, most governments can (and will) do what they want on this sort of issue. You can interpret it as a prevarication over the private individual/company, or as a reaffirmation of society's right to change its mind. This sort of scenario is precisely why private interests lobby so hard to add arbitration rules to international free-trade agreements, btw; they want to protect their investments against changes in political winds, by moving judgements on compensation to a dodgy world of ad-hoc pseudo-legal structures.
krastanov 5y ago
Look at the history of this permit: Obama's administration being against it; agencies and courts during Trump's administration being against it, but being fought; Biden's administration being against it. There was never certainty here and this company was gambling, hoping there is another administration today.