Supreme Court of the United States

Virginia v. Maryland

December 9, 2003540 U.S. 56

Summary

The Supreme Court held that the 1785 Virginia‑Maryland Compact and the 1877 Black‑Jenkins Award give Virginia, its subdivisions and its citizens the sovereign right to withdraw water from the Potomac River and to construct improvements appurtenant to the Virginia shore without regulation by Maryland, and it voided Maryland's conditions on the Fairfax County permit. The Court overruled Maryland's exceptions to the Special Master’s report. Justice Kennedy and Justice Stevens dissented, arguing that Maryland retains regulatory authority.