Sporhase v. Nebraska ex rel. Douglas explained

Litigants:Sporhase v. Nebraska ex rel. Douglas
Arguedate:March 30
Argueyear:1982
Decidedate:July 2
Decideyear:1982
Fullname:Sporhase v. Nebraska ex rel. Douglas, Attorney General
Usvol:458
Uspage:941
Parallelcitations:102 S. Ct. 3456; 73 L. Ed. 2d 1254; 1982 U.S. LEXIS 13
Holding:The Nebraska statute forbidding commercial exportation of water from Nebraska was unconstitutional in that it violated the dormant commerce clause.
Majority:Stevens
Joinmajority:Burger, Brennan, White, Marshall, Blackmun, Powell
Dissent:Rehnquist
Joindissent:O'Connor
Lawsapplied:U.S. Const. Art. I § 8

Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982), was a case in which the United States Supreme Court decided that a Nebraska statute forbidding commercial exportation of water from Nebraska was unconstitutional in that it violated the dormant commerce clause.

The boundary between the states of Nebraska and Colorado passed through a farm owned by Sporhase. He drilled a well in Nebraska and used the water to irrigate his land on both sides of the boundary. Under the 11th Amendment, he could not sue the state of Nebraska in a federal district court; consequently his suit had to proceed in the state courts in Nebraska until he petitioned the United States Supreme Court to review it.

See also

Further reading