Objective
This assignment incorporates what you have learned all semester into an international legal dispute. Analyze the complicated facts and narrow the legal issues. Discuss answers to the three legal questions presented below.
Assignment Overview
You define the issue(s) presented and analyze and discuss the resolution of the the current international dispute between Pennzoil-Canada (a Canadian corporation) , Indigenous American Tribes, Pennsylvania and Canada. Your response MUST address these three questions: Question 1: What are the ultimate legal issues or disputes between the parties stated in two sentences? Question 2: If Pennzoil-Canada files a lawsuit against Pennsylvania, where will it most likely file the lawsuit, why at that location, and what are its best legal theories of recovery. Question 3: If Pennsylvania files a lawsuit against Pennzoil-Canada, where will it most likely file the lawsuit, why at that location, and what are its best legal theories of recovery. Be certain you discuss each question thoroughly to maximize your points.
Deliverables
This is a cumulative assignment based on legal concepts learned throughout this semester. Review Chapter 3 and perform additional research you deem necessary particularly concerning methods of global dispute resolution. PLEASE READ THE COURSE SYLLABUS SECTION CONCERNING ASSIGNMENTS AND THE GRADING RUBRIC BELOW TO MAXIMIZE POINTS. Submit ONE, two-to-three page (250 word minimum), double spaced, original paper typed in a Word document using Times New Roman type, font size 12. Please make sure your response complies with the MLA format. See owl.purdue.edu. Please review the Student Writing Guide and Plagiarism presentation within the same Module as this assignment. If you are uncertain concerning the proper method for using quotation marks or citing sources, please
review these USF Library tutorials – guides.lib.usf.edu/c.php?g=451607&p=4980659 As stated in the syllabus, use of generative artificial intelligence such as Chat GPT is prohibited.
Step 1 Write a paper that answers the above questions concerning the following fact pattern:
This international dispute involves a complicated conflict between a private Canadian pipeline company, Pennzoil-Canada, Inc.,
environmental advocacy organizations, Indigenous Nations (in both Canada and U.S.), Canada, Pennsylvania and the U.S.
governments. The dispute concerns Pennzoil’s Line A pipeline which runs through Canada but passes along the bottom of a portion of Lake Erie located on Pennsylvania state property.
Pennsylvania, with the support of environmental advocacy organizations and American Indigenous Nations fears the pipeline poses
a catastrophic environmental risk if it ruptures under water and that any spill from it would threaten the portions of Lake Erie located in Pennsylvania as well as the entire Great Lakes. Pennzoil-Canada has said that this section of the 68-year-old pipeline has never leaked and that it is taking steps to protect the lakes after previously negotiating a plan with the former Pennsylvania Governor (Republican).
In May 2021, however, the newly elected Pennsylvania Governor (a Democrat) threatened to seize profits from
Pennzoil-Canada if the company continued to operate a pipeline through the Pennsylvania land located in Lake Erie after a August 1, 2023
deadline to shut the pipeline. In a letter sent to Pennzoil-Canada, the Pennsylvania Governor and the
Director of the State’s Natural Resources Department, reminded the company the State had revoked a
permit that allowed the Line A pipeline to run along the bottom of the Lake Erie on state property owned and controlled by Pennsylvania.
Pennzoil-Canada has refused arguing that Pennsylvania doesn’t have the
authority to close the line, which transports oil and natural gas liquids from Superior, Wisconsin, through Canada to
refineries located in Ohio and Pennsylvania.
“Our responsibility is to the people of the upper US Midwest and the Great Lakes region,” a Pennzoil- Canada spokesman said.
“Pennzoil – Canada will continue to deliver petroleum products via Line A – a safe, reliable and affordable energy to fuel to the region’s
economies.” The potential closure of the 645-mile pipeline has become a major issue for some Midwestern States and for
Canada. The State of Ohio supports Pennzoil-Canada’s position in the case, and, on Tuesday,
Canada weighed in with support for the Company.
Officials in Ottawa say closing the pipeline would cut off almost half the supply used to make gasoline,
jet fuel and home heating oil for residents in central Canada. The closure could lead to higher fuel costs
and thousands of job losses in refineries, officials said.
Canada said there should be no shutdown until the U.S. and Canadian officials work to
resolve the matter, as allowed under the terms of a 1977 treaty between the North American Countries.
That Treaty prohibits authorities in either Country from blocking pipelines that ship oil and gas across
the border unless there is an emergency. Canada’s lawyers said the Treaty came about because of U.S.
efforts to transport oil-and-gas products from Alaska through Canada to the Lower 48 U.S. States.
“Canada is seeking a mutually agreeable solution that also respects environmental and safety concerns.
Although Canadian officials, including its Ambassador to the U.S.,
have reached out to counterparts in Washington, the White House has so far been reluctant to
intervene. DO NOT PLAGIARIZE!
Step 2 Save and submit your assignment.When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor
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