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A Brave New Lochner Era? The Constitutionality Of Nafta Chapter 11, Steve Louthan
A Brave New Lochner Era? The Constitutionality Of Nafta Chapter 11, Steve Louthan
Vanderbilt Journal of Transnational Law
In the eight years since its adoption, NAFTA Chapter 11 has escaped significant scrutiny from academics and journalists alike. However, with the recent filing of several Chapter 11 expropriation claims involving U.S. states, Chapter 11 has begun to gain some notoriety in the press and sparked at least two legal symposia this past year.
This Note begins by highlighting the recent Methanex Chapter 11 claim involving the State of California. Methanex, a Canadian chemical manufacturer and importer, claimed $1.6 billion in damages over California's ban of the chemical MTBE. Despite the EPA'S classification of MTBE as a possible carcinogen and …