Jan 11, 2009
||Jun 1, 2010||7-2||Scalia||OT 2009|
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.