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Wyoming and Montana Challenge Denial of Millennium Bulk Coal Terminal Permit in Supreme Court

Coal News - Published on Wed, 22 Jan 2020

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Wyoming Governor Mark Gordon announced that Wyoming and Montana have jointly asked the United States Supreme Court to hear a challenge to Washington State’s denial of the proposed Millennium Bulk coal terminal in Longview in Washington. Governor Gordon said that specifically, the two states seek to invoke the US Supreme Court's original jurisdiction, which allows for disputes between states to bypass lower courts and proceed directly to the US Supreme Court. Wyoming and Montana argue that Washington's discriminatory denial of a Section 401 Water Quality Certification for the coal terminal violates both the Dormant Commerce Clause and the Foreign Commerce Clause of the United States Constitution. The Commerce Clause to the US Constitution authorizes the federal government, not states, to regulate interstate commerce.

Governor Gordon said that he remains hopeful that the U.S. Supreme Court will act expeditiously and grant a hearing on this issue that is critical to the state's economic interests.

The challenge stems from a 2017 decision by the Washington Department of Ecology to deny permit applications to build a proposed coal terminal in Longview, Washington called Millennium Bulk. Washington officials denied a Section 401 Water Quality Certification for the Terminal with prejudice, effectively killing the project.

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Posted By : Rabi Wangkhem on Wed, 22 Jan 2020
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