New Jersey v. Delaware facts for kids
Quick facts for kids New Jersey v. Delaware |
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| Argued November 27, 2007 Decided March 31, 2008 |
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| Full case name | State of New Jersey v. State of Delaware |
| Citations | 552 U.S. 597 (more)
128 S.Ct. 1410; 170 L. Ed. 2d 315
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| Holding | |
| A 1905 agreement between the two states did not grant New Jersey exclusive jurisdiction over riparian improvements near New Jersey, but on the Delaware side of the border. | |
| Court membership | |
| Case opinions | |
| Majority | Ginsburg, joined by Roberts, Kennedy, Souter, Thomas; Stevens (paragraphs 1(c), 2, 3, and 4 of Decree) |
| Concur/dissent | Stevens |
| Dissent | Scalia, joined by Alito |
| Breyer took no part in the consideration or decision of the case. | |
| Laws applied | |
| 1905 Interstate Compact between the two states | |
New Jersey v. Delaware, a case from 2008, was about a disagreement between the states of New Jersey and Delaware. New Jersey took Delaware to the U.S. Supreme Court. This happened because Delaware stopped an oil company, BP, from building a natural gas pipeline and loading area. This project was planned for the New Jersey side of the Delaware River.
Delaware said no to BP's plan because it went against their Coastal Zone Act. BP then asked New Jersey for permission. But Delaware still objected. This was because the project would need digging in the riverbed, which Delaware claimed was part of its territory. Delaware's border actually reaches the low-tide mark on the New Jersey shore. New Jersey and BP sued Delaware even before New Jersey had fully approved the project.
Contents
The Unique Delaware River Border
Usually, when a river forms a border between two states, the line is drawn down the middle. But the Delaware River is different for New Jersey and Delaware.
How the Border Was Created
This unusual border comes from a land grant made by King Charles II in 1681. He leased the Delaware Colony to William Penn. This land became the three lower counties of Pennsylvania. The grant extended Delaware's northern border using a special line called The Twelve-Mile Circle. This circle started in New Castle, Delaware and stretched across the Delaware River.
If the circle had been completed, it would have included some land already given to New Jersey. This was not allowed. So, the 12-Mile Circle stopped at the low water mark on New Jersey's side. This meant that after 1681, present-day Delaware owned the entire Delaware River along a part of the New Jersey border.
Past Disagreements Over the Border
This case was actually the third time these two states had fought over this border in court. The argument about the border goes way back to when the United States was first formed. The states reached an agreement in the early 1900s because the legal costs were getting too high. The issue stayed settled until New Jersey sued Delaware again over the BP pipeline project.
The Supreme Court's Decision
The Supreme Court decided to appoint a special master to help with the case. A special master is like a helper chosen by the court. This person reviews all the facts and hears arguments. The special master in this case was a lawyer from Maine who had experience with land disputes between states. He oversaw the collection of information and heard arguments in Philadelphia.
What the Court Decided
The special master then made a recommendation to the Supreme Court. The Court agreed with the special master in a 6-2 decision. They ruled that Delaware has control over the land under the water (the "subaqueous soil"). This is true even though BP wanted to build on the New Jersey side of the Delaware River.
Justices Who Disagreed
The only two Justices who disagreed with the decision were Justice Scalia and Justice Alito. Both of them are from New Jersey. Justice Scalia wrote that a 1905 agreement between New Jersey and Delaware gave New Jersey the power to manage "riparian jurisdiction." This means the right to build things like docks or piers on its side of the river. He believed New Jersey should have control over such projects.
A Justice Steps Aside
Justice Stephen Breyer did not take part in this case. This is called recusing himself. He did this because he owned stock in BP, the oil company involved in the case. His financial forms showed he owned between $15,001 and $50,000 worth of BP stock.
