United States Ninth Circuit

Dismissal of an action in which plaintiffs challenged Washington statutes that require a certificate of "public convenience and necessity" in order to operate a ferry on Lake Chelan in central Washington state is: 1) affirmed in part, where the Privileges or Immunities Clause of the Fourteenth Amendment does not encompass a right to operate a public ferry on intrastate navigable waterways; and 2) vacated and remanded in part, where the district court properly abstained, under the Pullman doctrine, from deciding the as-applied challenge to the certificate requirement to the provision of boat transportation services solely for patrons of specific business, but the district court should have retained jurisdiction.

Appellate Information

• Decided 12/02/2013
• Published 12/02/2013

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel