Avista Corp. v. Bellon

The court granted the parties' motion to hold the case in abeyance while awaiting final resolution of one or both of two cases pending in Washington state court (Avista Corp. v. Washington State Department of Ecology, No. 16-2-03966-34 (Wash. Super. Ct), and Association of Washington Business v. Washington State Department of Ecology, No. 16-2-03923-34 (Wash. Super. Ct.)).

Electric utilities and natural gas local distribution companies filed an action in the federal district court for the Eastern District of Washington challenging greenhouse gas emission regulations known as the “Clean Air Rule” adopted by the Washington State Department of Ecology. The plaintiffs asserted that the regulations—which apply to stationary sources, natural gas distributors located in Washington, and petroleum product producers located in or importing to Washington—violated the Commerce Clause because it establishes a program that restricts the market for greenhouse gas emissions offsets and favors in-state offsets over out-of-state offsets.