The 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.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • A Big Little Case: Next Wednesday, the Supreme Court will hear arguments in an interesting case about water law in Montana, PPL Montana v. Montana. The case wi...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • PDF Packs for the Past Decade: I've been pillaging the Supreme Court's website in search of PDFs that I can archive for future reference. Using the Court's website and the...
  • Opinions Released as a Percentage of Total Term Opinions: I've created a little chart that shows opinions released as a percentage of total opinions for a given term. For the current term, I've used...
  • Who is Roy W. McLeese?: This morning, as I was perusing next month's hearing list, I noticed a name I wasn't familiar with: Roy W. McLeese. It isn't unusual to see ...