Federal Judge Stays Suit Over Washington CWA Section 401 Denial

摘要

A federal district court judge is putting on hold litigation over Washington state's denial of a Clean Water Act (CWA) water quality certification for a planned coal export terminal, citing concerns that claims in the case overlap with pending state court challenges and that industry plaintiffs may have a better chance of relief from those other proceedings. Judge Robert J. Bryan of the U.S. District Court for the Western District of Washington in an Aug. 11 order outlines a number of concerns that would arise if he allows the case to move forward. The order echoes reasoning Bryan gave earlier this month when he questioned whether the federal court could hear the remaining claims in the case, Lighthouse Resources Inc., et al. v. Jay Inslee, et al.