Upheld finding that ecological decree constituted expropriation.
S.B. Myers v. CA – 2000 (865) – US investor wanted to transport contaminated waste from Canda to US. Canada banned export of contaminated waste to non-US countries. US banned import/export of contaminated waste for disposal, but gave EPA discretion to waive. Investor got EPA permission to import Canadian waste – but then Canada banned export of the waste. But wait, then they repealed the export ban, 16 months later. Myers claimed Canada’s temporary export ban violated Chapter 11
Tribunal – violated “fair and equitable treatment” because motivated by selfish reasons