We're clearly looking at all of the legal cases and assessing our position. I think we have to recognize, though, that when you come to a negotiated settlement, we're asking the Americans to cease and desist from taking further actions as well. And while it may appear that we are giving up on certain legal cases if we all set aside our litigation, we're also winning in terms of immunity from further cases. As I said before, when you're going into, as we may be, a period when the U.S. housing market is looking a bit shaky and prices are not as robust as they were a few months ago, the data on which past American cases have been fought are changing. I think if we do not have a negotiated settlement, if we do not have a commitment from the Americans not to pursue further litigation, we will find ourselves facing more attempts to claim injury or threat of injury, and in a soft market it's a lot easier to make a claim of threat of injury than it is in a hot market, which we've had recently.
So we will do our best to try to preserve our legal victories. I'm personally of the view that it is more important than ever that we work closely with the Canadian and American industry together, collaboratively, and work together with the government of the United States to ensure that we do not see creeping protectionism manifesting itself in regulatory and legal changes that could make it even worse for us going forward.
I know there are lawyers who read the law and they pound the table and say we're just that close to winning it all, but I tell you, I've been in this industry a long time, and every time you think you're winning they come up with another little twist, and they come at you again. That's been the history of the file over and over again.
I recall when I was in the forest industry and we were just beginning the latest fight on softwood lumber, and the Byrd amendment came up. We kept hearing from lawyers that there was a movement in Congress that they could put in place a legal mechanism whereby the duties we paid could be distributed to the American companies that brought the case. Our lawyers--the best lawyers that we could pay in Washington--said “Oh, no, that'll never happen. The President will veto it. It won't pass Congress.” It won't this, it won't that. Well, you now know what happened. Something that seemed egregious and completely counter to any normal trade policy was put in place, and now we have the Byrd amendment until November 1 of next year.
So you just can't underestimate the degree to which legislators in the U.S. can turn on you if it's to their advantage to do so.