Government Regulation -- 2021



Montana & Wyoming v. Washington   (U.S. Supreme Court)

State interference with free trade

The NAM filed an amicus brief in support of Montana and Wyoming's Motion for Leave to File a Bill of Complaint in an Original Action in the U.S. Supreme Court involving the state of Washington’s authority to prohibit certain exports from Washington’s coastal ports. Washington state denied several environmental permits necessary to construct a new coal export terminal near Longview, Washington. The denials were improperly based on climate concerns about the use of coal for electricity generation in foreign countries. The state’s actions have dangerous implications for the power of individual states to interfere with interstate and international trade. The NAM filed amicus briefs both at the district court and Ninth Circuit stages arguing that this interference is unconstitutional and harms the national economy. Unfortunately, the courts rejected the plaintiffs' claims. The plaintiffs are now asking the Supreme Court to correct this problem through the exercise of its original jurisdiction to hear disputes between states. NAM once again filed an amicus brief explaining that Washington's action threaten to hurt American workers, inhibit American economic growth, and violate the Constitution’s command that the federal government serve as the sole representative of the United States in foreign trade and foreign affairs. Unfortunately, on June 28, 2021, over the dissent of Justices Thomas and Alito, the Court denied the motion.


Related Documents:
NAM brief  (March 20, 2020)