shipping containers at export facility

Gordon vetoes call for state to sue over coal terminal

By Cowboy State Daily

A bill that would have allowed the Legislature to sue the state of Washington over the denial of permits for a coal export terminal has been vetoed by Gov. Mark Gordon.

Gordon on Friday vetoed HB 251, saying if legal action was taken by the Legislature, it could interfere with court filings already submitted by the executive branch.

“Giving courts the impression that two branches of Wyoming’s government might be second-guessing one another — in fact potentially litigating over the top of one another — would be counterproductive to our best efforts to protect Wyoming’s interests,” he said in his veto message to Secretary of State Ed Buchanan. “Furthermore, dividing the limited resources of Wyoming’s Attorney General between two potentially contemporaneous cases would do a disservice to both at the expense of Wyoming.”

However, Rep. Chuck Gray, R-Casper, said the measure would have set up a cooperative effort between the legislative and executive branches.

“It’s going to take a team effort between the executive branches for there to be success on this issue,” he said in a prepared statement. “This bill created a framework for this team effort to occur, so that we have the best chance for success on this issue. The veto is detrimental to that effort.”

Washington officials have denied necessary permits to build a coal export terminal to export coal from Wyoming and other states to foreign markets. Lighthouse Resources, the company proposing the export terminal, is suing Washington over the denial, alleging the state is violating the U.S. Constitution’s Commerce Clause.

Wyoming and several other coal-producing states have filed “friend of the court” briefs in support of Lighthouse’s lawsuit in U.S. District Court.

Gordon wrote that while he supports the Legislature’s desire to protect the state’s economic interests, legal action taken by lawmakers independent of the executive branch could cause confusion.

“This bill … carves an unprecedented path — absent compelling reason — encouraging the Legislature to take a potentially different course from that that the state is already pursuing,” he wrote. “The obvious confusion this could engender is at best problematic and at worst fatal.”

Responsibility for such legal action rests with the executive branch, not the Legislature, Gordon wrote.

However, Gray said by taking up the issue, the Legislature would have sent a message to Washington officials.

“This bill shows the state of Washington that we are serious about this issue,” he said. “Also, the Legislature looking into this issue creates the environment where there is the best opportunity for success.”

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