ELR Citation: 49 ELR 20068
No(s). 3:18-cv-05005-RJB (W.D. Wash. Apr 11, 2019) (Bryan, J.)

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company argued that the Department violated the Commerce Clause by denying the water quality certificate. The federal court found that ruling on the constitutional challenge could interfere with or alter the decision of a state court where a separate lawsuit was brought against the state over its certificate denial. It therefore stayed the challenge until after the state court proceedings concluded.