June 29, 2021 |
The U.S. Supreme Court tossed out a lawsuit filed by Wyoming and Montana against the state of Washington over access to a coal-export facility on the Columbia River.
Cheyenne and Helena took their complaint directly to the U.S. Supreme Court, saying that Washington’s denial of a key permit to build the port discriminated against interstate commerce. After the 401 certification under the Clean Water Act was denied, the developers behind the Millenium Bulk Terminal went bankrupt under the weight of ongoing litigation trying to keep the project alive.
Wyoming and Montana argued in court papers that Governor Jay Inslee’s anti-carbon administration denied the 401 permit as a contrived excuse to block coal from its ports. Washington argued that it acted out of valid environmental concerns. When the company went bankrupt, both the state of Washington and the Solicitor General appointed by the Biden Administration in January argued the case was moot.
In tossing the suit yesterday, the High Court did not discuss the facts or the merits of the case. Only Justices Clarence Thomas and Samuel Alito, voting in the minority, agreed that letting two states sue a third should go directly to the U.S. Supreme Court. Wyoming and Montana argued that only the U.S. Supreme Court could provide relief.
Wyoming and Montana argued the case should move forward on the merits of deciding the interstate commerce question.
Wyoming Governor Mark Gordon said Monday’s decision by the Court was “extremely frustrating.” Gordon said, “At some point the nation will have to figure out whether it expects business or just restrict it. This case was never about a single permit or product. It was about the ability of one state to engage in lawful interstate commerce without the interference of another state. Today it is coal, tomorrow it could be agricultural products.”
The Democrat governor of Washington welcomed Monday’s decision, one of the High Court’s last before going on summer recess.
