Dow has no plans to sue N.B. immediately

A chemical company that is challenging the legality of government bans on cosmetic pesticides says it doesn’t have any immediate plans to add New Brunswick to its legal battles.

Dow AgroSciences, a U. S. company with offices in Calgary, filed suit this year seeking the repeal of a 2006 Quebec ban on lawn pesticides containing 2,4-D. The company is also seeking $2 million in damages.

Roland Hache, the province’s former environment minister, announced last week that New Brunswick will ban the use of 2,4-D as well as 200 over the counter lawn pesticides.

Premier Shawn Graham said the province is prepared to defend the ban in court if Dow AgroSciences attempts legal action.

But that legal battle may not happen.

“At this time, Dow AgroSciences’s focus is specifically on the province of Quebec and our NAFTA notice of arbitration,” said Brenda Harris, regulatory and government affairs manager for Dow AgroSciences.

“And I won’t speculate on any future action.”

The company’s action alleges Canada breached its obligations under Chapter 11 of the North American Free Trade Agreement with the United States and Mexico.

Chapter 11 allows investors from one NAFTA country to sue the government of another NAFTA country for actions which they believe hurt them or their investments.

The company also bases its claim on a Health Canada ruling earlier this year that found 2,4-D can be used safely if directions on the label are followed.