New Jersey v. Delaware — Stevens, J., dissenting

Summary

Stevens concurs in part and dissents in part. He argues New Jersey's authority to regulate riparian improvements beyond the low-water mark is subordinate to Delaware's paramount authority as sovereign owner of the river. He joins parts of the decree limiting Delaware's power but disagrees with the scope of that limitation. Justice Scalia, dissenting, contends New Jersey has exclusive jurisdiction over riparian rights under the 1905 Compact.