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

  • Advocate Scorecard for OT 09: I finished this a while ago but neglected to post it until now. Whoops? Anyways, here is the OT 09 advocate scorecard with win/loss record. ...
  • Change is Fun But...: I'm sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I'm also e...
  • Updated Term Statistics: I've updated the Term Statistics to reflect this week's opinions. Complete --- Term Index Opinion Breakdown Vote Breakdown
  • 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 ...
  • Justice Thomas' History at Oral Argument: The big news in the world of the Supreme Court today is that Justice Thomas finally spoke at oral argument. It is not clear exactly what he ...