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- New Jersey v. Delaware, 552 U.S. 597 (2008), is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Court's original jurisdiction under 28 U.S.C. § 1251(a), following Delaware's denial of oil company BP's petition to build a liquefied natural gas pipeline and loading facility on the New Jersey side of the Delaware River. Delaware denied BP's petition because it violated Delaware's Coastal Zone Act. BP then sought New Jersey's approval of the project. Delaware objected because the construction would require dredging of underwater land within Delaware's borders, which extend to the low-tide mark of the New Jersey shore. BP's proposal had not yet passed New Jersey's approval process when New Jersey and BP filed suit against Delaware. Jurisdiction over rivers that form a border between states is usually determined by dividing the river down the middle between the states; this is not the case with the Delaware River. Delaware-New Jersey's curious border is the result of a grant by King Charles II in 1681, when the Delaware Colony was leased by William Penn from King Charles to become the three lower counties of Pennsylvania. The grant extended Delaware's northern border by The Twelve-Mile Circle in New Castle, Delaware, extending across the Delaware River. If the circle were to be extended fully, it would have included a portion of New Jersey, but this was unacceptable because that land had already been granted. As a result, the 12-Mile-Circle terminated at the mean low water mark on New Jersey's shore. The post-1681 border gave present-day Delaware full ownership of the Delaware River along a stretch of the New Jersey border. The case adjudicated by the Supreme Court is the third incarnation of this litigation. The dispute over the border reaches back to the nation's creation. A settlement was reached between the States at the beginning of the 20th century because the costs of litigation had grown too high. The issue remained settled until New Jersey sued Delaware regarding the BP pipeline. (en)
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- New Jersey v. Delaware, (en)
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- State of New Jersey v. State of Delaware (en)
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- A 1905 agreement between the two states did not grant New Jersey exclusive jurisdiction over riparian improvements near New Jersey, but on the Delaware side of the border. (en)
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- Roberts, Kennedy, Souter, Thomas; Stevens (en)
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- New Jersey v. Delaware (en)
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- New Jersey v. Delaware, 552 U.S. 597 (2008), is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Court's original jurisdiction under 28 U.S.C. § 1251(a), following Delaware's denial of oil company BP's petition to build a liquefied natural gas pipeline and loading facility on the New Jersey side of the Delaware River. Delaware denied BP's petition because it violated Delaware's Coastal Zone Act. BP then sought New Jersey's approval of the project. Delaware objected because the construction would require dredging of underwater land within Delaware's borders, which extend to the low-tide mark of the New Jersey shore. BP's proposal had not yet passed New Jersey's approval process when New Jersey and BP filed suit against Delaware. (en)
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- New Jersey v. Delaware (en)
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- (en)
- State of New Jersey v. State of Delaware (en)
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