Biden DOJ Urges Supreme Court To Reject Interstate CWA 401 Dispute

摘要

The Biden Justice Department (DOJ) is urging the Supreme Court to reject a request from Montana and Wyoming to determine whether Washington violated the states' constitutional rights when it denied a Clean Water Act (CWA) certification for a coal terminal, saying the controversy is now moot due to the coal terminal's bankruptcy. Regardless of whether Washington state's denial was unlawful, the Millennium Bulk Terminal will not be built because after Montana and Wyoming asked the Supreme Court to hear their dispute, Millennium filed for bankruptcy and divested itself of any interest in the property in question, DOJ says in a recent amicus brief to the Supreme Court. "Accordingly, this suit would not redress Montana and Wyoming's asserted injury from the denial of certification under Section 401. Because no Article Ⅲ case or controversy exists, the motion for leave to file a bill of complaint should be denied," DOJ says.