Lighthouse Resources Inc. v. Inslee

Filing Date: 2018
Case Categories:
Principal Laws:
Commerce Clause, Supremacy Clause, Interstate Commerce Commission Termination Act of 1995 (ICCTA), Ports and Waterways Safety Act
Description: Action against Washington State officials for allegedly taking unlawful actions to block coal export terminal.
  • Lighthouse Resources, Inc. v. Inslee
    Docket number(s): 19-35415
    Court/Admin Entity: 9th Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    08/29/2019 Order Download Motion to dismiss appeal for lack of jurisdiction denied without prejudice to renewing arguments in answering brief.
  • Lighthouse Resources Inc. v. Inslee
    Docket number(s): 3:18-cv-05005
    Court/Admin Entity: W.D. Wash.
    Case Documents:
    Filing Date Type File Action Taken Summary
    05/28/2019 Order Download Plaintiffs and plaintiff-intervenor's Rule 54(b) motion denied. Washington Federal Court Rejected Coal Export Terminal Proponents’ Bid to Ease Quick Appeal. In a lawsuit challenging the State of Washington’s denials of approvals needed for development of a coal export terminal, the federal district court for the Western District of Washington denied a motion for entry of final judgment with respect to two orders issued in 2018. One of the 2018 orders dismissed the State’s Commissioner of Public Lands as a defendant; the other order dismissed preemption claims under the Interstate Commerce Commission Termination Act and the Ports and Waterways Safety Act. In April 2019, the court stayed the action on Pullman abstention grounds due to pending state court challenges to the State’s denials. The plaintiffs (coal companies and the companies that propose to develop the coal export facility) and an intervenor railroad company have appealed both 2018 orders and the April 2019 stay order. The plaintiffs argued in their motion that the stay order was final and appealable and indicated that the motion for entry of final judgment on the 2018 orders was merely a “precautionary measure.” The district court concluded that judicial administrative interests and equities did not favor certifying the 2018 orders as final.
    05/24/2019 Reply Download Reply filed by plaintiffs and plaintiff-intervenor in support of their protective motion for entry of final judgment under Fed. R. Civ. P. 54(b).
    05/20/2019 Opposition Download Defendants and defendant-intervenors filed joint opposition to plaintiffs' Rule 54(b) motion.
    05/10/2019 Notice of Appeal Download Amended notice of appeal filed by plaintiffs and plaintiff-intervenor.
    05/09/2019 Motion Download Protective motion filed by plaintiffs and plaintiff-intervenor for entry of final judgment under Fed. R. Civ. P. 54(b).
    04/11/2019 Order Download Court issued order staying case. Washington Federal Court Stayed Challenge to Denial of Water Quality Certification for Coal Export Facility Until State Court Actions Concluded. On April 11, 2019, the federal district court for the Western District of Washington stayed a lawsuit challenging Washington State’s denial of a water quality certification for a coal export facility on and in the Columbia River. The court concluded that the case satisfied the three elements for Pullman abstention, which allows federal courts to postpone exercise of jurisdiction “when a federal constitutional issue might be mooted or presented in a different posture by a state court determination of pertinent state law.” First, the district court said the complaint touched on “a sensitive area of social policy” upon which it should not enter since a viable state court alternative was available—i.e., the pending challenges in state court to the denial of the water quality certification. Second, the district court found that the Commerce Clause issues raised by the plaintiffs “plainly” could be avoided “depending on the degree to which Plaintiffs may prevail in the state court.” Third, the court found that the determination of the state law issues—including whether Washington could deny a permit with prejudice and whether it could base the denial on considerations other than water quality—was in doubt.
    04/10/2019 Reply Download Combined reply filed in support of plaintiffs' and plaintiff-intervenor's combined brief on preclusion and Pullman abstention.
    04/10/2019 Reply Download Joint reply re order regarding applicable law filed by defendants.
    04/08/2019 Brief Download Combined brief filed by plaintiffs and plaintiff-intervenor on preclusion and Pullman abstention.
    04/08/2019 Response Download Joint response to order regarding applicable law filed by defendants.
    04/01/2019 Order Download Court granted defendants' and defendant-intervenors' motions for summary judgment on BNSF's foreign affairs doctrine claims. The court dismissed foreign affairs doctrine claims, rejecting arguments that the denial of the water quality certification intruded on federal power to deal with foreign nations and was therefore preempted.
    04/01/2019 Order Download Court issued order regarding applicable law.
    03/15/2019 Reply Download Reply filed by BNSF in support of motion for summary judgment on foreign affairs doctrine claim.
    03/15/2019 Reply Download Reply filed by plaintiffs Lighthouse Resources et al. and plaintiff-intervenor BNSF Railway Company in support of motion for partial summary judgment on foreign Commerce Clause claim.
    03/15/2019 Reply Download Reply filed by state defendants in support of motion for summary judgment on Commerce Clause issues.
    03/15/2019 Reply Download Reply filed by Washington Environmental Council in support of motion for summary judgment on dormant and foreign Commerce Clause claims.
    03/11/2019 Amicus Brief Download Amicus brief filed by National Mining Association et al. in opposition to defendants' motion for summary judgment.
    03/11/2019 Amicus Brief Download Amicus brief filed by Wyoming and seven other states in opposition to defendants' motion for summary judgment.
    03/08/2019 Opposition Download Combined opposition filed by plaintiffs Lighthouse Resources et al. and plaintiff-intervenor BNSF to defendants' and defendant-intervenors' motions for summary judgment.
    03/08/2019 Opposition Download Opposition filed by defendants and defendant-intervenors to plaintiffs' and plaintiff-intervenors' motion for partial summary judgment on foreign Commerce Clause claims and motion to strike.
    03/08/2019 Reply Download State defendants and Washington Environmental Council filed joint reply in support of motions for summary judgment on BNSF's foreign affairs doctrine claim and joint opposition to BNSF's cross-motion for summary judgment on its foreign affairs doctrine claim.
    02/14/2019 Amicus Brief Download Amicus brief filed by states in support of defendants' motion for summary judgment on Commerce Clause issues.
    02/13/2019 Motion for Summary Judgment Download BNSF filed motion for summary judgment on foreign affairs doctrine claim and opposition to state and intervenor defendants' motions for summary judgment on BNSF's foreign affairs doctrine claim.
    02/13/2019 Motion for Summary Judgment Download Motion for summary judgment filed by defendant-intervenors Washington Environmental Council on plaintiffs' dormant and foreign Commerce Clause claims.
    02/13/2019 Motion for Summary Judgment Download Plaintiffs Lighthouse Resources et al. and plaintiff-intervenor BNSF Railway Co. filed motion for partial summary judgment on foreign Commerce Clause claims.
    02/13/2019 Motion for Summary Judgment Download Motion for summary judgment on Commerce Clause issues filed by state defendants.
    01/24/2019 Motion for Summary Judgment Download Motion for summary judgment on BNSF's foreign affairs doctrine claim filed state defendants. On January 24, 2019, both the state defendants and environmental groups that had intervened on their behalf filed motions for summary judgment seeking dismissal of the rail company’s claim that denial of the water quality certification was preempted by U.S. foreign policy favoring expansion of coal exports.
    01/24/2019 Motion for Summary Judgment Download Motion for summary judgment on BNSF foreign affairs doctrine claim filed by Washington Environmental Council.
    12/11/2018 Order Download Defendants' and intervenor-defendants' motions for partial summary judgment granted. Washington Federal Court Dismissed Some Preemption Claims in Challenge to Denial of Water Quality Certification for Coal Export Facility. The federal district court for the Western District of Washington dismissed preemption claims challenging the State of Washington’s denial of a water quality certification for a coal export facility. The court found that neither the facility’s developer nor the rail company that would transport coal to the facility had standing for the preemption claims. Because a ruling in the plaintiffs’ favor on the preemption issue could have invalidated only some of the grounds for the denial of the water quality certification, the plaintiffs could not show that a ruling in their favor would redress their injury. The court also found that even if the plaintiffs had standing, neither the Interstate Commerce Commission Termination Act nor the Ports and Waterways Safety Act preempted the denial of the water quality certification.
    11/30/2018 Reply Download Supplemental reply brief filed in support of Washington Environmental Council motion for partial summary judgment on preemption claims.
    11/30/2018 Reply Download Supplemental reply filed in support of defendants' motion for summary judgment on preemption issues.
    11/26/2018 Motion Download Motion filed by plaintiffs Lighthouse Resources, Inc. et al. for protective order.
    11/26/2018 Opposition Download BNSF filed supplemental opposition to defendants' and intervenor-defendants' motions for partial summary judgment.
    11/26/2018 Opposition Download Plaintiffs Lighthouse Resources, Inc. et al. filed supplemental opposition to defendants' and defendant-intervenors' motions for partial summary judgment.
    11/19/2018 Motion for Summary Judgment Download Washington Environmental Council filed supplement to motion for partial summary judgment on preemption claims.
    10/30/2018 Status Report Download Summary of discovery disputes filed by plaintiffs Lighthouse Resources, Inc. et al.
    10/23/2018 Order Download Order issued denying without prejudice plaintiffs' motion to modify scheduling order.
    10/23/2018 Order Download Order issued granting defendant Hilary Franz's motion for summary judgment under the Eleventh Amendment. Washington Federal Court Dismissed State Official from Lawsuit Challenging Denials of Approvals for Coal Export Terminal. The federal district court for the Western District of Washington dismissed the Washington Commissioner of Public Lands from a lawsuit challenging Washington State agencies’ denials of approvals for a coal export terminal on and in the Columbia River, including denial of a request for approval of a sublease of State-owned aquatic lands. The federal court concluded that the Eleventh Amendment barred the plaintiffs from pursuing their claims against the commissioner because the relief sought “would functionally prevent Washington State’s officers from exercising their authority over Washington’s sovereign lands.” The court noted that a state forum was available to hear the plaintiffs’ challenge.
    10/12/2018 Reply Download Reply filed by defendant Hilary Franz in support of motion for summary judgment under the Eleventh Amendment.
    10/09/2018 Opposition Download Opposition filed by BNSF to defendant Hilary Franz's motion for summary judgment under the Eleventh Amendment.
    10/09/2018 Opposition Download Opposition filed by plaintiffs Lighthouse Resources, Inc. et al. to defendant Hilary Franz's motion for summary judgment under the Eleventh Amendment.
    09/26/2018 Order Download Rule 56(d) motions granted and defendants' motions for summary judgment continued to December 3, 2018.
    09/20/2018 Motion for Summary Judgment Download Motion for summary judgment under the Eleventh Amendment filed by defendant Hilary Franz.
    09/07/2018 Reply Download Reply filed in support of defendants' motion for summary judgment on preemption issues.
    09/07/2018 Reply Download Reply filed by Washington Environmental Council in support of partial summary judgment on preemption claims.
    09/06/2018 Amicus Brief Download Amicus brief filed by Association of American Railroads in support of BNSF Railway's opposition to defendants' and defendant-intervenors' motion for partial summary judgment.
    09/04/2018 Opposition Download Opposition filed by BNSF to defendants' and intervenor-defendants' motions for partial summary judgment.
    09/04/2018 Opposition Download Opposition filed by plaintiffs Lighthouse Resources, Inc. et al. to defendants' and defendant-intervenors' motions for partial summary judgment.
    08/21/2018 Amicus Brief Download Amicus brief filed by six states in support of defendants' motion for summary judgment on preemption issues.
    08/16/2018 Motion for Summary Judgment Download Motion for summary judgment on preemption issues filed by defendants.
    08/16/2018 Motion for Summary Judgment Download Motion filed by Washington Environmental Council for partial summary judgment on preemption claims.
    07/30/2018 Order Download Motion for protective order granted. Washington Federal Court Blocked Companies Challenging State’s Alleged Efforts to Thwart Coal Export Terminal from Requesting Internal Documents from Environmental Group. The federal district court for the Western District of Washington granted the Washington Environmental Council’s and others’ (WEC’s) motion for a protective order in a lawsuit brought by Lighthouse Resources, Inc. and other companies (Lighthouse) to challenge Washington State officials’ efforts to block a coal export terminal. WEC—a coalition of organizations opposed to the terminal—contested Lighthouse’s request for internal documents relating to its strategies, campaigns, plans, or policies regarding the coal export terminal. The court found that Lighthouse met the low threshold for establishing that the internal documents were relevant because such documents could support Lighthouse’s theory that WEC and the State coordinated to block the project due to their shared animus towards coal and its export. The court concluded, however, that protective relief should be granted based on First Amendment protections for freedom of association. The court found that since the project was still underway and campaigns were ongoing, requiring discovery could chill speech immediately. The court also found that the internal documents were not “highly relevant” to Lighthouse’s case and that Lighthouse had not “carefully tailored” its request “to avoid unnecessary interference with protected activities.” The court also said the risk of interference with campaigners’ associational rights was unrefuted, even if the documents produced were protected from public disclosure, given WEC’s “concern that handing over internal documents would give the proverbial fox the keys to the henhouse.” The court also found that a determination of whether the documents were otherwise unavailable would be premature. The court said it would not reach the issue of whether the discovery requests imposed an “undue burden” on WEC but indicated that it would not have granted protective relief on such grounds because WEC had not demonstrated undue burden with any specificity.
    07/19/2018 Reply Download Reply filed in support of motion for protective order.
    07/16/2018 Response Download Response filed by plaintiffs in opposition to Washington Environmental Council et al. motion for protective order.
    07/03/2018 Motion Download Motion for protective order filed by Washington Environmental Council et al.
    06/20/2018 Answer Download Answer filed by defendant-intervenors Washington Environmental Council et al. to the complaint in intervention for filed by plaintiff-intervenors BNSF Railway Company.
    06/19/2018 Complaint Download Complaint in intervention filed by BNSF Railway Company.
    06/18/2018 Answer Download Answer filed by defendant-intervenors Washington Environmental Council et al.
    06/13/2018 Answer Download Answer filed by defendants to plaintiff-intervenor BNSF Railway Company's complaint in intervention.
    06/13/2018 Answer Download Answer filed by defendants.
    05/30/2018 Order Motion for partial dismissal denied. At a hearing on May 30, 2018, the federal district court for the Western District of Washington denied Washington State officials’ motion for partial dismissal of a lawsuit challenging the State’s actions blocking a coal export facility in Longview, Washington.
    05/25/2018 Response Download Response filed to amicus briefs on defendants' motion for partial dismissal and motion for abstention.
    05/18/2018 Amicus Brief Download Brief filed by National Mining Association, National Association of Manufacturers, American Farm Bureau Federation, and American Fuel & Petrochemical Manufacturers as amici curiae in opposition to defendants' motion for partial dismissal and abstention.
    05/15/2018 Amicus Brief Download Brief filed by Western States Petroleum Association as amicus curiae in opposition to defendants' motion for partial dismissal and abstention.
    05/15/2018 Reply Download Reply filed in support of state defendants' motion for partial dismissal and motion for abstention.
    05/15/2018 Reply Download Reply filed by Washington Environmental Council in support of motion for partial dismissal and abstention.
    05/14/2018 Amicus Brief Download Brief filed by Association of American Railroads as amicus curiae in support of plaintiff BNSF Railway's Opposition to Defendants' and Intervenor-Defendants' motions for partial dismissal and abstention.
    05/08/2018 Amicus Brief Download Amicus brief filed by Wyoming, Kansas, Montana, Nebraska, South Dakota, and Utah in opposition to defendants' motion for abstention.
    05/08/2018 Opposition Download Opposition filed by BNSF to defendants' and intervenor-defendants' motions for partial dismissal and abstention. BNSF Railway Company (BNSF), which intervened as a plaintiff, argued that the defendants were misusing state law to justify regulating rail and interstate and international commerce, and to interfere with foreign affairs. BNSF contended that their claims were not related just to a single coal terminal but to the defendants’ targeting of the coal supply chain “as part of a broader effort to stop coal use everywhere.”
    05/08/2018 Opposition Download Opposition filed by plaintiffs to defendants' motion for partial dismissal and motion for abstention. The plaintiffs—the operators of a “coal energy supply chain company”—asserted that their claims did not threaten to divest Washington State of its sovereignty; that the Interstate Commerce Commission Termination Act preempted the State actions, which would “unduly interfere with rail transportation as a matter of fact”; that the Ports and Waterways Safety Act claims could not be dismissed because the defendants were blocking the terminal based on vessel traffic and safety concerns; and that abstention was inappropriate since the plaintiffs were not pursuing their federal claims in state court.
    04/24/2018 Motion Download Joinder by Washington Environmental Council et al. in state defendants' amended motion for partial dismissal and abstention.
    04/24/2018 Motion Download Motions filed by defendants for partial dismissal under Eleventh Amendment and FRCP 12(b)(6) and for abstention. In their motion for partial dismissal and motion for abstention, the defendants argued that neither the Interstate Commerce Commission Termination Act (ICCTA) nor the Ports and Waterways Safety Act preempted the State actions and that the State commissioner of public lands was immune from all the claims asserted in the lawsuit because they concerned her management of State-owned aquatic lands of a “unique and fundamentally sovereign nature.” The defendants also argued that the federal court should apply Pullman or Colorado River abstention doctrine to allow parallel state court lawsuits to proceed.
    04/20/2018 Amicus Brief Download Brief filed by amicus curiae Cowlitz County in opposition of defendants' motion to dismiss and motion for abstention.
    03/26/2018 Order Download BNSF Railway Company's motion to intervene as plaintiff granted.
    01/03/2018 Complaint Download Complaint filed. Companies Sued Washington State Officials for Blocking Development of Coal Export Terminal. A coal company and other companies associated with the proposed development of a coal export terminal in Longview, Washington, filed a lawsuit in federal court against Governor Jay Inslee and two other Washington State officials, alleging that the defendants took actions to block a coal export terminal in violation of the dormant Commerce Clause. The plaintiffs also asserted that the defendants’ actions were preempted by the Interstate Commerce Commission Termination Act and the Ports and Waterways Safety Act. The complaint alleged that the defendants had expressed “unyielding opposition to coal and coal exports,” citing the governor’s writings and statements regarding his concerns about coal combustion and export and climate change. The complaint also alleged that the defendants coordinated with other states to block coal exports. The plaintiffs asserted that the defendants violated the dormant foreign and interstate Commerce Clause by denying and refusing to process permits and expanding the scope of State Environmental Policy Act review beyond the boundaries of the state.