Wyoming v. Oklahoma

Summary

Justice White, joined by Justices Blackmun, Stevens, O'Connor, Kennedy, and Souter, held that Wyoming had standing to challenge Oklahoma's requirement that coal-fired utilities burn at least 10% Oklahoma-mined coal because the requirement directly reduced Wyoming's severance-tax revenues. Exercising original jurisdiction, the Court held that the requirement unconstitutionally discriminated against interstate commerce, that the Federal Power Act did not authorize that discrimination, and that the statute could not be severed to preserve its application to Oklahoma's state-owned utility. The Court granted Wyoming summary judgment, denied Oklahoma summary judgment, and directed entry of a decree enjoining enforcement while retaining jurisdiction. Justice Scalia, joined by Chief Justice Rehnquist and Justice Thomas, dissented because Wyoming had not conclusively established injury and its tax-collection interest fell outside the Commerce Clause's zone of interests. Justice Thomas, joined by Chief Justice Rehnquist and Justice Scalia, separately dissented, arguing that the Court should decline original jurisdiction even if Wyoming had standing.