When state regulators block approval of construction projects, disappointed businesses routinely challenge the decision in court. A lawsuit currently pending in the Western District of Washington, Lighthouse Resources v. Inslee, however, is not your average permit dispute. The plaintiff, Lighthouse Resources, wants to build an export terminal on the Columbia River that can accept and ship coal to Asian customers mined at Lighthouse-owned sites in Montana and Wyoming. The terminal will generate billions in taxable revenue and create thousands of jobs. The defendants, whose opposition to coal as an energy source is well documented, have denied a federally required water-quality certification. Lighthouse’s constitutional claims (also asserted by intervenor BNSF Railway) include federal preemption and violation of the Commerce Clause. Early motions have attracted state amici supporting each side as well as briefs from business associations and environmental groups. The suit has reached a critical stage, with the plaintiffs moving for summary judgment on the Foreign Commerce Clause claim, arguing that the defendants’ actions “implicate” foreign policy issues in a way that prevents the federal government from speaking with “one voice” about international trade.
Featuring:
Glenn G. Lammi, Chief Counsel, Legal Studies Division and Director, Communications, Washington Legal Foundation
Prof. Donald J. Kochan, Parker S. Kennedy Professor in Law and Associate Dean for Research & Faculty Development, Chapman University, Dale E. Fowler School of Law

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