Kansas v. Nebraska and Colorado
Oct 14, 2014
|Feb 24, 2015||6-3||Kagan||OT 2014|
Holding: In a dispute over states’ rights to the waters of the Republican River Basin, the Court adopts the special master’s recommendations that Nebraska had “knowingly failed” to comply with the Republican River Compact; awarding Kansas $3.7 million for its losses and $1.8 million in partial disgorgement; declining to order an injunction against Nebraska; and reforming accounting procedures to ensure that Nebraska would not be charged with using Platte River water.
Plain English Summary:
Judgment: Exceptions to Special Master's Report overruled, and Master's recommendations adopted, 6-3, in an opinion by Justice Kagan on February 24, 2015. Chief Justice Roberts joins the opinion as to Parts I and III. Chief Justice Roberts and Justice Scalia filed opinions concurring in part and dissenting in part. Justice Thomas filed and opinion concurring in part and dissenting in part, in which Justices Scalia and Alito joined, and in which Chief Justice Roberts joined as to Part III.
- Opinion analysis: Bargaining in the shadow of equitable apportionment (Ryke Longest)
- Argument analysis: State’s veto power brings Republican River modeling dispute to the Supreme Court (Ryke Longest)
- SCOTUS for law students: Original cases (Stephen Wermiel)
- Argument preview: Compact to conflict - three states argue over one river (Ryke Longest)
Invited: October 4, 2010
Filed: February 26, 2011 ()