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

  • Average Age (1800-2010): I've posted a PDF of the Court's average age at the beginning of every term from 1800-present. The ages were taken on the first Monday in Oc...
  • 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 ...
  • New OT08 Term Stats : With 43 opinions released, the Court has now released just over half of the opinions it will release for the term. Lets take a look at some ...
  • Profile: H. Bartow Farr, III: In the past, we've profiled notable advocates and judges that were in the news. This is the first in a series of posts about the advocates w...
  • Top Supreme Court Advocates of the Twenty-First Century: I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download ...