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Wyoming Appeals Oregon Coal Export Decision

Ambre Energy

Wyoming isn’t only duking it out with Oregon on the football field this week. On Monday, the state filed an appeal of a recent decision by Oregon to deny permits for Ambre Energy’s proposed coal export terminal. The Oregon Department of State Lands says the terminal would destroy nearby fisheries, but Governor Matt Mead says by rejecting the permit, Oregon violated a provision of the Constitution known as the interstate commerce clause. 
In it’s appeal, Wyoming's attorney general argues that the state will lose out on $10 to $30 million in tax revenue each year if the terminal isn’t permitted. 

University of Wyoming law professor Sam Kalen says, historically, cases invoking the commerce clause have only been successful if they can show that one state is discriminating against another state for its own economic benefit.

“If you’re trying to just simply regulate to protect the health or the welfare or the environment of a state, you’re not doing that for an economic protectionist purpose,” Kalen said.

The Wyoming legislature approved money during the recent budget session for the state to fight such cases.

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