Supreme Court of the United States
New Jersey v. Delaware
March 31, 2008128 S. Ct. 1410
Summary
The Court held that Article VII of the 1905 Compact does not grant New Jersey exclusive jurisdiction over riparian improvements extending into Delaware’s territory. Delaware retains overlapping authority to regulate such structures, particularly those of extraordinary character like the proposed LNG terminal. Justice Scalia dissented, arguing the Compact granted New Jersey exclusive jurisdiction, while Justice Stevens concurred in part and dissented in part, viewing Delaware’s police power as paramount.