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Sporhase v. Nebraska ex rel. Douglas

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Sporhase v. Nebraska ex rel. Douglas
Supreme Court of the United States
Argued March 30, 1982
Decided July 2, 1982
Full case nameSporhase v. Nebraska ex rel. Douglas, Attorney General
Citations458 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
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
MajorityStevens, joined by Burger, Brennan, White, Marshall, Blackmun, Powell
DissentRehnquist, 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

Further reading

  • 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. {{cite journal}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  • Chan, A. H. (1989). "To Market or Not to Market: Allocation of Interstate Waters". Natural Resources Journal. 29 (2): 529–547. ISSN 0028-0739. {{cite journal}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  • Greenberg, A. D. (1983). "Sporhase v. Nebraska: The Muddying of Commerce Clause Waters". Ecology Law Quarterly. 11 (2): 215–239. ISSN 0046-1121. {{cite journal}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  • 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. {{cite journal}}: Cite has empty unknown parameters: |month= and |coauthors= (help)


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