Sporhase v. Nebraska ex rel. Douglas

Summary

The Court held that Nebraska ground water is an article of commerce and therefore subject to dormant Commerce Clause scrutiny. Although Nebraska could require permits and impose evenhanded conservation conditions on interstate transfers, its reciprocity requirement was an impermissible barrier because it was not closely or narrowly related to conservation. The Court rejected the argument that congressional deference to state water law authorized the restriction, reversed the judgment, and remanded for consideration of severability. Justice Rehnquist, joined by Justice O’Connor, would have held that Nebraska’s limited usufructuary system meant no commerce in ground water existed and would have upheld the statute against the dormant Commerce Clause challenge.