James Courtney v. Jeffrey Goltz

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 Commission and its various officers and directors (collectively, “WUTC”) successfully moved to dismiss the case and this appeal…