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Arch Coal Inc. Message Board

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  • counselor711322 counselor711322 Feb 9, 2011 5:54 PM Flag

    ACI is on the radar again: 3 Different Sources Today

    As an attorney, I can tell you further that it's very unlikely the Washington State tree huggers association lawsuit will succeed.

    First of all, ACI will argue that they lack standing to sue. Being concerned about global warming if coal is shipped to China doesn't establish legal standing, i.e. concrete personal injury to the plaintiffs.

    Second, the government cannot, without violating the US Constitution, impair contracts, especially in retroactive fashion.

    Ultimately, and eventually, ACI will be shipping coal to China. To the extent it helps reduce the trade imbalance with China, I have a difficult time seeing the Obama administration doing anything other than supporting ACI's venture--especially with Manchin leading the charge.