Governor Matt Mead announced on Monday that the state of Wyoming has appealed the state of Oregon’s decision to block a permit for an export facility that would ship coal from the Powder River Basin to Asia, according to a press release.
The Wyoming Attorney General Peter Michael issued the appeal on the grounds that the denial violates the Commerce Clause of the U.S. Constitution.
“Coal is the fastest growing fuel source in the world and this decision by the state of Oregon prevents Wyoming coal producers from competing in that marketplace,” Mead said in the release. “Wyoming will continue to standup for the coal industry, which provides affordable and abundant power to people across the globe. We support coal including efforts to innovate and work on cleaner energy from all sources.”
Wyoming’s appeal is of the state of Oregon’s decision to deny the Coyote Island Terminal’s application for a removal-fill permit. Oregon’s Department of State Lands issued the denial on the grounds that it was not consistent with the conservation, protection and best use of the state’s water, according to a press release from the Oregon Department of State Lands.
“We used data provided by a wide array of parties, and weighed this information against what Oregon law says we must take into consideration in making removal-fill permit decisions,” said Mary Abrams, director of the Oregon Department of State Lands in the release. “We fully believe that our conclusion to deny the Coyote Island Terminal permit is the right one.”
The terminal’s proposal requested 572 cubic yards of permanent fill in the form of pilings in the Colombia River. The pilings would be placed on submerged lands owned by the Port of Morrow.
Elements of the proposal include construction of docks and walkways around the job site as well as other elements of construction staging.
Despite the environmental concerns presented by the state of Oregon, Gov. Mead plans to push for the facility on behalf of Wyoming coal.
“Wyoming asserts that Oregon’s decision to deny this permit is based on its dislike of a specific commodity – coal – and that Oregon did not base its decision on the factors it must consider under law,” read Gov. Mead’s press release.
“This action impacts interstate and foreign commerce and comes at great cost to taxpayers in Wyoming and other coal producing states.”