Cheney Says Washington State Terminal Denial Unconstitutional Get our free mobile app The Biden Administration has come out in favor of dismissing a lawsuit by Millenium Bulk Terminals against Washington state for denying permits for an export facility. That prompted Cheney to issue these comments: “This case should not be dismissed and the Biden Administration is wrong to ignore the important constitutional questions that it raises. It’s a violation of the Commerce Clause for one state to undermine another state’s economic activity, and that’s exactly what Governor Inslee is doing by attempting to deny a permit for a terminal to export Powder River Basin coal.