Supreme Court of the United States

Virginia v. Maryland

December 9, 2003540 U.S. 56

Summary

The Court held that Virginia has sovereign rights to withdraw water from the Potomac River and construct improvements appurtenant to the Virginia shore free from Maryland regulation, based on the 1785 Compact and the Black-Jenkins Award. The Court rejected Maryland's defense that Virginia had acquiesced in its regulatory authority. Justice Kennedy, dissenting, argued Maryland retained regulatory police power over the river.