Tuesday, June 29, 2021

Supreme Court Deny State's Coal Suit Against WA

Justices Clarence Thomas and Samuel Alito, Voted in the Minority, in the Ruling against letting Two States, Montana and Wyoming, to Sue Washington, in a Case that would have gone Directly before the High Court.

The Two Major Coal Mining States, have sought to Boost Exports to Prop-Up an Industry, in Decline for a Decade, as U.S. Utilities switch to Gas-Fired Power and Renewable Energy.

The Washington State Department of Ecology, in 2017, Denied a Permit for the Export Dock, saying the Facility on the Columbia River, would cause “irreparable and unavoidable” Environmental Harm.

Denying the Permit Violated the U.S. Constitution’s Prohibition against Trade Protectionism between States, the Coal States argued in 2020.

Washington State Officials were Not trying to Block Montana and Wyoming Coal but acted because of “valid environmental concerns” about the Dock, Attorneys for the State argued in a Court Filing later that year.

In any event, the Developer of the Millennium Bulk Terminal Project went Bankrupt and the Project wouldn't proceed, U.S. Solicitor General Elizabeth Prelogar argued in May.

Washington Gov. Jay Insle (D), welcomed the Supreme Court Decision, Spokeswoman Tara Lee said Monday. “We are glad to today mark the end of a long chapter in the debate over coal export in Washington state,” Lee said by Email.

Wyoming Gov. Mark Gordon (R), in a Statement Monday, called the Ruling “extremely frustrating."

“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,” Gordon said.

Wyoming this year, set aside $1 Million to help Gordon's Office pursue the Lawsuit and potentially File others against States with Policies leading to the Early Shutdown of Wyoming Coal-Fired Power Plants.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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