Gordon disappointed with coal port case

Governor Mark Gordon has issued the following statement in response to an amicus brief filed by the Solicitor General of the United States in the Wyoming/Montana coal port original action case. The brief takes the position that no Article III case or controversy exists due to the bankruptcy of Millennium Bulk Terminals’ parent company and the abandonment of the proposed port, and therefore the case is moot. Wyoming/Montana will file a supplemental brief in response.

I am most disappointed with the position of the US Solicitor General. The core issue of reaffirming a state’s constitutionally protected access to markets remains unresolved and I urge the Supreme Court to continue with the case. One state should not weaponize a water quality statute inappropriately to deny other states the ability to conduct interstate commerce. We will respond to the Solicitor General’s brief to stress the critical importance of the commerce clause, particularly to inland states.

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