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COURTNEY v. GOLTZ

No. 12-35392.

736 F.3d 1152 (2013)

James COURTNEY and Clifford Courtney, Plaintiffs-Appellants, v. Jeffrey GOLTZ, chairman and commissioner; Patrick Oshie, commissioner; Philip Jones, commissioner, in their official capacities as officers and members of the Washington Utilities and Transportation Commission; David Danner, in his official capacity as executive director of the Washington Utilities and Transportation Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed December 2, 2013.

Attorney(s) appearing for the Case

Michael Eugene Bindas (argued) and Jeanette Motee Petersen , Institute for Justice, Bellevue, WA, for Plaintiffs-Appellants.

Fronda Colleen Woods (argued), Assistant Attorney General, Office of the Attorney General, Olympia, WA, for Defendants-Appellees.

David Wiley , Williams Kastner , Seattle, WA, for Amicus Curiae.

Before: MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

NGUYEN, Circuit Judge:

James and Clifford Courtney challenge Washington statutes that require a certificate of "public convenience and necessity" ("PCN") in order to operate a ferry on Lake Chelan in central Washington state. The Courtneys claim that these state laws abridge their right to use the navigable waters of the United States, in violation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Washington Utilities and Transportation...

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