Supreme Court Hands Down Opinion in Border Dispute
Published by Kedar March 31st, 2008 in Supreme CourtThe Supreme Court today ruled 6-2 in New Jersey v. Delaware that neither New Jersey nor Delaware have exclusive rights to construct certain structures in their bordering river.
Article VII of the 1905 Compact, we hold,did not secure to New Jersey exclusive jurisdiction over allriparian improvements commencing on its shores.2 The parties’ own conduct, since the time Delaware has endeavored to regulate coastal development, supports the conclusion to which other relevant factors point: New Jersey and Delaware have overlapping authority to regulate riparian structures and operations of extraordinary character extending outshore of New Jersey’s domain into territoryover which Delaware is sovereign.
Justice Ginsburg penned the majority opinion, Justice Stevens wrote an opinion partially concurring and partially dissenting, and Justice Scalia wrote a dissent that was joined by Justice Alito.
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