Delaware Urges Supreme Court To Appoint Special Master in Boundary Case with New Jersey

In a responsive motion filed with the U.S. Supreme Court on December 28, Delaware has asked the Court to appoint a Special Master to conduct a fact-finding procedure, including comprehensive “historical research,” in order to determine the states’ ability to regulate use of the Delaware River.  New Jersey previously requested that the Court make a decision in 2006, relying on filings and arguments from the parties instead of the more time-consuming Special Master process.  The Delaware-New Jersey boundary was litigated before the Supreme Court two other times, in 1907 and 1934.  Now, Delaware’s ability to regulate the proposed Crown Landing LNG terminal depends on the Court’s determination.  The News Journal has the full story.

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