Coal export terminal litigation.

2018
STATE OF WYOMING
18LSO-0442
Numbered
1.4

HOUSE BILL

NO.
HB0123

Coal export terminal litigation.

Sponsored by:
Representative(s) Gray, Biteman, Clem, Hallinan and Halverson

A BILL

for

AN ACT relating to the legislature; authorizing the legislature or management council to commence and prosecute a lawsuit against the state of Washington for denying permits for the construction of coal export terminals; providing legislative findings; creating an account; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

(a)

The legislature finds that
:

(i)

Wyoming is the largest producer of coal in the United States;

(ii)

The production, sale and consumption of coal contributes greatly to Wyoming's economy;

(iii)

The Wyoming legislature is responsible for the appropriation and expenditure of state funds,
a substantial portion
of which
is
generated by the production, sale and consumption of coal, for the needs of the state and its citizens
. These responsibilities constitute significant institutional interests
;

(iv
)

T
he
export of coal
is vital to
interstate c
ommerce
,
the global economy
,
the economic
and proprietary
interests of the state of Wyoming
, the institutional interests of the Wyoming legislature and
the economic interests of
Wyoming
citizens
;

(v
)

Last year, the state of Washington denied requisite permits for the construction of coal export terminals in that state;

(
vi
)

The state of Washington has unconstitutionally interfered with interstate commerce
and commerce with foreign nations
by
denying

those permits
;

(vii
)

P
roper prosecution of
a
lawsuit
to recover
damages
or obtain declaratory relief
to remedy
the state of Washington's unconstitutional denial of

requisite permits for the construction of coal export terminals in that state

is necessary to
prevent further harm
of serious magnitude
to
the economic
and proprietary
interests of the state of Wyoming
,
the economic interests of
Wyoming
citizens
and the institutional interests of the Wyoming Legislature
;

(
v
iii
)

Under W.S. 9
‑
1
‑
603(a)(i)
, t
he Wyoming attorney general is required to prosecute all
lawsuits
instituted by the state
of Wyoming
;

(ix
)

Thus far, the Wyoming attorney general

has

not institut
ed
an action to recover damages or obtain declaratory relief to remedy the state of Washington's unconstitutional denial of permits for
the construction of
coal export terminals
in that state
and the

harm
of serious magnitude
it has caused and will continue to cause the
Wyoming legislature, the
state of Wyoming

and its citizens
;

(x
)

With
the
continued
absence of action by the
Wyoming
attorney general,
the economic interests of
Wyoming
citizens
and the institutional interests of the Wyoming Legislature
will continue to be

harmed
if
construction
of coal export terminals is further delayed due to
the
unconstitutional action
by
the state of Washington. Therefore, the Wyoming legislature, as a co-equal branch of state government,
has a sufficient interest in the prosecution of such
a

lawsuit
to provide
the legislature
standing to
recover
damages
or obtain declaratory relief
.

(b)

Notwithstanding W.S. 9
‑
1
‑
603
(a)(i)
and 28
‑
8
‑
114(b)
, the legislature
,
by a majority vote of the members of both houses when in session
,
or

management
council,
by

a
majority
vote of
its

members
during the interim
,
may
commence and prosecute an action

for damages
or declaratory relief
against
the state of Washington, the Washington
e
nergy
f
acility
s
ite
e
valuat
ion
c
ouncil and any other party
responsible for the unconstitutional denial of
requisite
permits for
the construction of
coal export terminals in that state
.
The legislature may
,
by resolution
,
direct the management council to

prosecute the action. The management council may commence the action upon its own motion. The legislature or the management council may direct the legislative service office to retain private counsel to commence and prosecute the action.

(c
)

There is created
the coal export terminal l
itigation account. Two hundred fifty thousand dollars ($250,000.00) shall be
appropriated
from the

general fund
to this
account. Funds from this account
are continuously appropriated
to the legislative service office
and
shall only be expended to
retain
private counsel to prosecute an action under this act and for associated litigation expenses.

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any funds within the account and any interest
earned thereon shall not lapse or revert until directed by the legislature.

Section 2
.

This act is effective
July 1, 2018
.

(END)

1
HB0123