James Courtney v. Jeffrey Goltz
736 F.3d 1152
9th Cir.2013Background
- Courtneys challenge Washington PCN requirement for public ferry operation on Lake Chelan; Lake Chelan is navigable and part of a National Recreation Area; WUTC has long regulated ferry service and denied PCN certificates; only one PCN certificate exists, held by Lake Chelan Boat Company; district court dismissed the first claim with prejudice and the second claim without prejudice with Pullman abstention; on appeal, issues concern Privileges or Immunities Clause scope and Pullman abstention consequences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Privileges or Immunities Clause extend to a right to operate a public ferry on intrastate navigable waters? | Courtneys rely on navigable-water right from Slaughter-House Cases. | Washington may regulate intrastate ferry service; no federal right protects operation. | No, the right does not include a public-ferry operation entitlement. |
| Was Pullman abstention appropriate for the Courtneys’ secondary claim and how should it be handled? | Courtneys seek federal adjudication while state issues unresolved. | State issues predominate; abstention appropriate. | Abstention was proper, but district court should have retained jurisdiction and remanded rather than dismissing. |
| Should the district court have retained jurisdiction over the constitutional challenge in light of state-law uncertainty? | State-law issues could resolve or moot the federal claim. | State issues may not resolve federal questions. | District court should have retained jurisdiction and remanded with instructions. |
Key Cases Cited
- Slaughter-House Cases, 83 U.S. 36 (1872) (privileges or immunities scope and navigable-water right context; basic federal vs. state rights)
- Illinois River Packet Co. v. Peoria Bridge Ass’n, 38 Ill. 467 (1865) (navigable-water regulation and state police power precedents)
- Nedtweg v. Wallace, 237 Mich. 14 (1926) (state regulation of navigable waters and public rights)
- Conway v. Taylor, 66 U.S. 603 (1861) (ferries regulation as under state police power)
- Fanning v. Gregoire, 16 How. (U.S.) 524 (1853) (ferry licensing and state regulation authority)
- Gibbons v. Ogden, 22 U.S. (Wheaton) 1 (1824) (concerning federal vs. state regulation of navigation)
- Kitsap County Transp. Co. v. Manitou Beach-Agate Pass Ferry Ass’n, 30 P.2d 233 (Wash. 1934) (private club ferry services and PCN applicability)
- Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196 (1885) (state regulation of ferries within police power)
- England v. La. State Bd. of Med. Examiners, 375 U.S. 411 (1964) (state review for federal constitutional claims)
- Saras v. Merrifield, 547 F.3d 978 (9th Cir. 2008) (narrowly construed rights under Privileges or Immunities Clause in economic regulation)