Sporhase v. Nebraska ex rel. Douglas

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Sporhase v. Nebraska ex rel. Douglas
Seal of the United States Supreme Court.svg
Argued March 30, 1982
Decided July 2, 1982
Full case name Sporhase v. Nebraska ex rel. Douglas, Attorney General
Citations 458 U.S. 941 (more)
Holding
The Nebraska statute forbidding commercial exportation of water from Nebraska was unconstitutional in that it violated the dormant commerce clause.
Court membership
Case opinions
Majority Stevens, joined by Burger, Brennan, White, Marshall, Blackmun, Powell
Dissent Rehnquist, joined by O'Connor

Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982), was a case in which the United States Supreme Court decided that a Nebraska statute forbidding commercial exportation of water from Nebraska was unconstitutional in that it violated the dormant commerce clause.

The boundary between the states of Nebraska and Colorado passed through a farm owned by Sporhase. He drilled a well in Nebraska and used the water to irrigate his land on both sides of the boundary.[citation needed] Under the 11th Amendment, he could not sue the state of Nebraska in a federal district court; consequently his suit had to proceed in the state courts in Nebraska until he petitioned the United States Supreme Court to review it.

See also[edit]

Further reading[edit]

  • Barnett, B. M. (1984). "Mixing Water and the Commerce Clause: the Problems of Practice, Precedent, and Policy in Sporhase v. Nebraska". Natural Resources Journal 24 (1): 161–194. ISSN 0028-0739. 
  • Chan, A. H. (1989). "To Market or Not to Market: Allocation of Interstate Waters". Natural Resources Journal 29 (2): 529–547. ISSN 0028-0739. 
  • Greenberg, A. D. (1983). "Sporhase v. Nebraska: The Muddying of Commerce Clause Waters". Ecology Law Quarterly 11 (2): 215–239. ISSN 0046-1121. 
  • McCormick, Zachary (2007). "Institutional Barriers to Water Marketing in the West". Journal of the American Water Resources Association 30 (6): 953–961. doi:10.1111/j.1752-1688.1994.tb03343.x. 

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