Lighthouse Resources Inc. v. Inslee

In a lawsuit challenging the State of Washington’s denials of approvals needed for development of a coal export terminal, the federal district court for the Western District of Washington denied a motion for entry of final judgment with respect to two orders issued in 2018. One of the 2018 orders dismissed the State’s Commissioner of Public Lands as a defendant; the other order dismissed preemption claims under the Interstate Commerce Commission Termination Act and the Ports and Waterways Safety Act. In April 2019, the court stayed the action on Pullman abstention grounds due to pending state court challenges to the State’s denials. The plaintiffs (coal companies and the companies that propose to develop the coal export facility) and an intervenor railroad company have appealed both 2018 orders and the April 2019 stay order. The plaintiffs argued in their motion that the stay order was final and appealable and indicated that the motion for entry of final judgment on the 2018 orders was merely a “precautionary measure.” The district court concluded that judicial administrative interests and equities did not favor certifying the 2018 orders as final.

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