Description: Bill of complaint in the U.S. Supreme Court by Montana and Wyoming asserting that the State of Washington unconstitutionally blocked the use of its ports for shipments of coal mined in Montana and Wyoming.
Montana v. Washington
Filing Date Type File Action Taken Summary 03/24/2020 Amicus Brief Download Amicus brief filed by Kentucky and 16 other states in support of plaintiffs. 03/20/2020 Amicus Brief Download Brief filed by National Mining Association and National Association of Manufacturers as amici curiae in support of plaintiffs' motion for leave to file a bill of complaint. 01/24/2020 Bill of Complaint Download Motion for leave to file bill of complaint, bill of complaint, and brief in support filed. Montana and Wyoming Asked Supreme Court to Consider Claims That Washington Impermissibly Blocked Access for Coal Shipments. Montana and Wyoming filed a motion for leave to file a bill of complaint in the U.S. Supreme Court asserting that the State of Washington had denied access to its ports for shipments of Montana and Wyoming’s coal in violation of the dormant Commerce Clause and the Foreign Commerce Clause. Montana and Wyoming alleged that the Washington’s denial of a Section 401 certification for the Millennium Bulk Terminal was based on Washington officials’ “discriminatory favoritism of Washington products over Montana and Wyoming coal”; the Washington governor’s political opposition to coal; and “perceived extra-territorial environmental impacts of coal combustion in foreign markets.” The two states argued that the “seriousness and dignity” of their claims warranted exercise of the Court’s original jurisdiction and that they had no other forum in which to pursue their claims.