Alabama v. North Carolina

Holding: North Carolina acts as a “host state” for a radioactive waste disposal facility utilized and partially funded by a commission of southern states. When North Carolina was unable to finance its share of the facility, the commission withdrew funding, and the facility shut down. The Court held that the terms of the agreement among the states did not allow the commission to impose financial sanctions against North Carolina, and that North Carolina did not breach its contractual obligation or its implied duty in any event. It also held that North Carolina was not protected from suit by the commission by the doctrine of “sovereign immunity” because the commission was itself made up of sovereign states.

Judgment: EXCEPTIONS TO SPECIAL MASTER'S REPORT OVERRULED; MASTER'S RECOMMENDATIONS ADOPTED, 7-2, in an opinion by Justice Antonin Scalia on June 1, 2010. Justice Kennedy filed an opinion concurring in part and concurring in the judgment, joined by Justice Sotomayor. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, joined by Justice Thomas. Justice Breyer filed an opinion concurring in part and dissenting in part, joined by Chief Justice Roberts.

SCOTUSblog Coverage

• Statutory and contractual claims out; equitable claims proceed despite Eleventh Amendment
• A good day for North Carolina?
• Rights of states under waste disposal compact
• Court to hear new Enron case

Briefs and Documents

Merits Briefs

• Preliminary Report of the Special Master
• Second Report of the Special Master
• Brief for Exceptions by Plaintiffs to the Preliminary and Second Reports of the Special Master and Brief in Support of Exceptions
• Brief in Reply to North Carolina’s Exceptions to the Preliminary and Second Reports of the Special Master
• Brief in Surreply to North Carolina’s Reply
• Petitioner’s Reply Brief

Amicus Briefs

• Brief of the United States as amicus curiae