June 8, 2021 - Washington, DC – Wyoming Congresswoman Liz Cheney (R-WY) issued the following statement after Wyoming and Montana pushed back against the Biden Administration’s support of 
dismissing a lawsuit brought by Millennium Bulk Terminals that seeks to prevent Washington and Governor Jay Inslee from undermining the energy industry:
“This case should not be dismissed and the Biden Administration is wrong to ignore the important constitutional questions that it raises. It’s a violation of the Commerce Clause for one state to undermine another state’s economic activity, and that’s exactly what Governor Inslee is doing by attempting to deny a permit for a terminal to export Powder River Basin coal.
“This is an important project that must be allowed to move forward. Washington’s policy objection – which is rooted in their radical environmental beliefs rather than the facts – is not an excuse for ignoring the law and infringing on the rights of Wyoming and our state’s energy producers.”
Background:
In 2017, the state of Washington’s Department of Ecology denied a permit for a coal export terminal to Millennium Bulk Terminals. The terminal would have been used to export coal mined at Powder River Basin in Wyoming to markets in Asia, and estimates conclude that the terminal could allow up to 44 million metric tons of coal to be shipped every year.
In response to the denial of this permit, Wyoming joined Montana in asking the U.S. Supreme Court to review the case and determine if Washington was in violation of the Dormant Commerce Clause and Foreign Commerce Closure of the U.S. Constitution.
Recently, the Biden Administration called on the case to be dismissed because Millennium Bulk Terminals has filed for bankruptcy. In response to this claim, Wyoming and Montana have maintained the issue is bigger than one development, and a lack of ruling in this case will, according to lawyers for the two states, “block port development and dissuade bidders from taking up this otherwise lucrative project.”
Source: Congresswoman Liz Cheney
Related: U.S. Congresswoman Liz Cheney Says Our Energy Industry and Economy Will Benefit from a Nuclear Power Plant in Wyoming
