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U.S. Supreme Court Issues Opinion in New Jersey v. Delaware

March 31st, 2008

The U.S. Supreme Court has issued its opinion in the case New Jersey v. Delaware. This case was brought by the State of New Jersey when Delaware refused to grant permission to the energy company BP to build an Liquefied Natural Gas (LNG) terminal on the Delaware River. A 1934 decision of the court found that Delaware’s jurisdiction covered the entire Delaware River up to New Jersey’s shore line. The LNG terminal would have been built on a pier that extended into the Delaware River.

The court found that New Jersey does not have exclusive jurisdiction over the area which allows Delaware’s Coastal Zone Act to stop BP from starting construction. The case is Original No. 134.

The report of the Special Master appointed to review the case can be found here.

A transcript of the Oral Arguments before the Supreme Court can be found here.

 Today’s opinion can be found here.

Analysis of the case from BNA’s US Law Week is available here. [External link to US Law Week is only available to current Widener Law students, faculty and staff- off campus access requires users to input their name and Widener barcode number.]

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