May 2, 2011
U.S. Supreme Court Rules on Western Water Law Case
As previously reported on this blog, the U.S. Supreme Court took on a relatively rare original-jurisdiction matter with the case of Montana v. Wyoming. Today, the Court ruled in a 7-1 opinion (Kagan recused; Scalia in dissent) to dismiss Montana's suit. Following the conclusion of Buzz Thompson (Stanford), the master it appointed on the matter in 2008, the Court held that the western water law doctrine of prior appropriation allowed upstream users to improve the efficiency of irrigation operations even to the detriment of downstream users.
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And Justice Scalia, in dissent from Justice Thomas's majority opinion, persuasively argues for the federal adoption of "Wyomans" as the official term for citizens of that State. Glad we've cleared that up!
Posted by: Matt Festa | May 3, 2011 3:41:20 PM