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Wyoming Loses Bid To Appeal Coal Port Decision

Ambre Energy

Oregon has shut down Wyoming’s attempt to force the permitting of a coal export terminal in that state.

The Oregon Department of State Lands rejected Ambre Energy’s application for a permit to build a coal transfer terminal in August, citing concerns about the impact on nearby tribal fisheries. The terminal would allow Powder River Basin coal to be shipped to Asia.

The company and the port where the terminal would be built quickly filed appeals. So did the State of Wyoming, saying Oregon was violating part of the Constitution known as the Interstate Commerce Clause. But Wyoming won’t get the chance to test the merits of that argument in front of Oregon’s Office of Administrative Hearings.

Oregon ruled Wednesday that Wyoming has no standing for its appeal since it didn’t file public comment during review of the permit and won’t be adversely impacted if the terminal is built. The company and the port will still have the opportunity to make their cases.

Ambre Energy’s terminal is one of just a handful still proposed for Oregon and Washington. A number of others have been dropped amid opposition from environmental groups.

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