By Ben Lieberman – Re-Blogged From Competitive Enterprise Institute
When the state of Washington rejected a proposed new coal export facility in 2017, it probably expected the usual appeals from the project’s developers. But it may not have anticipated a constitutional battle supported by eight interior states under the Commerce Clause.
The proposed Millennium Bulk Terminals coal export facility would be located in Washington state along the Columbia River, and it would have sent Wyoming and Montana coal on its way across the Pacific to buyers in Asia. But under section 401 of the federal Clean Water Act, such projects require approval by impacted states, which Washington denied.