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.
United States Court of Appeals, Ninth Circuit.
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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