Virginia v. Maryland

Virginia v. Maryland, 540 U.S. 56 (2003), is a case in which the Supreme Court of the United States settled a dispute between the Commonwealth of Virginia and the State of Maryland regarding Virginia's riparian rights to the Potomac River.[1] The Supreme Court held in a 7—2 decision that Maryland has no legal authority to regulate or prohibit Virginia and its political subdivisions from building and improving structures in the river and from drawing water from the river.[2] The decision drew heavily on the Maryland–Virginia Compact of 1785, an agreement between the two states concerning navigational and riparian water rights along the Potomac River.[3]

Virginia v. Maryland
Argued October 7, 2003
Decided December 9, 2003
Full case nameCommonwealth of Virginia v. State of Maryland
Citations540 U.S. 56 (more)
124 S. Ct. 598; 157 L. Ed. 2d 1226e
Holding
Maryland has no authority to regulate or prohibit Virginia, its political subdivisions, or Virginia's residents from enjoying Virginia’s riparian rights in the Potomac River. While Maryland owns the riverbed up to the low water mark of the Virginia shore, both states enjoy equal riparian rights.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityRehnquist, joined by O'Connor, Scalia, Souter, Thomas, Ginsburg, Breyer
DissentStevens, joined by Kennedy
Laws applied
Article I, Section 10, Clause 3

See also

References

  1. Virginia v. Maryland, 540 U.S. 56, 60 (2003).
  2. Virginia v. Maryland, 540 U.S. at 75 ("[W]e conclude that the Black-Jenkins Award gives Virginia sovereign authority, free from regulation by Maryland, to build improvements appurtenant to her shore and to withdraw water from the River, subject to the constraints of federal common law and the Award.").
  3. Virginia v. Maryland, 540 U.S. at 69-72.
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