SLIDE 1
Case Law Update
The Smarter Balance Assessment Consortium is probably not an interstate compact, but if it was, it would not require congressional consent.
Mauricio v. Daugaard, 2017 S.D. 22.
Interstate Compacts Legal Roundtable Case Law Update The Smarter - - PowerPoint PPT Presentation
Interstate Compacts Legal Roundtable Case Law Update The Smarter - - PowerPoint PPT Presentation
Interstate Compacts Legal Roundtable Case Law Update The Smarter Balance Assessment Consortium is probably not an interstate compact, but if it was, it would not require congressional consent. Mauricio v. Daugaard , 2017 S.D. 22. Case Law
SLIDE 2
SLIDE 3
Case Law Update
The Unified Carrier Registration Agreement is probably not an interstate compact, although courts refer to it as such.
12 Percent Logistics, Inc. v. Unified Carrier Registration Plan Bd., No. 17- cv-020000, 2017 U.S. Dist. LEXIS 172023 (D.D.C. Oct. 18, 2017).
SLIDE 4
Case Law Update
The District of Columbia is a “state” within the meaning
- f the Compact Clause.
Kerpen v. MWAA, No. 1:16cv 1307, 2017 U.S. Dist. LEXIS 82618 (E.D.
- Va. May 30, 2017).
SLIDE 5
Case Law Update
The MWAA is not a federal Instrumentality exercising power delegated from the federal government.
Kerpen v. MWAA, No. 1:16cv 1307, 2017 U.S. Dist. LEXIS 82618 (E.D.
- Va. May 30, 2017).
SLIDE 6
Case Law Update
Federal courts now apply the same laws as Pennsylvania and New Jersey in Delaware River Port Authority bid dispute cases.
Alpha Painting & Constr. Co. v. Del. River Port. Auth., 853 F.3d 671 (3d
- Cir. 2017).
SLIDE 7
Case Law Update
Water appropriators’ right to use water is subject to the superior obligation of the state to ensure compliance with the Republican River Compact.
Hill v. State of Nebraska, 296 Neb. 10 (2017).
SLIDE 8
Case Law Update
Nevada could not redefine “lifetime supervision” as “parole” for the purpose of ensuring that other states would accept offender transfers under the Interstate Compact on Adult Offender Supervision.
Corzine v. Laxalt, No. 3:17-cv-00052-MMD-WGC, 2017 U.S. Dist. LEXIS 115678 (D. Nev. July 25, 2017).
SLIDE 9
Case Law Update
A chance for the New Jersey Supreme Court to apply the same approach as New York and federal courts in determining whether New York and New Jersey concur in the application of state law.
Sullivan v. Port. Auth. Of N.Y. & N.J., No. A3506-14T1, 2017 N.J. Super. LEXIS 33 (N.J. Sup. Ct. App. Div. Mar. 15, 2017).
SLIDE 10
Case Law Update
Test for whether a compact agency enjoys the party states Eleventh Amendment immunity is well- established and relatively straightforward to apply.
U.S. ex rel. Fields v. Bi-State Dev. Agency, No. 16-3783, 2017 U.S. App. LEXIS 13925 (8th Cir. 2017).
SLIDE 11
Case Law Update
May the Colorado Legislature enact an interstate compact creating an interstate administrative agency with the power to promulgate rules and regulations that conflict with a Colorado statute?
Amica Life Ins. Co. v. Wertz, No. 15-cv-1161-WJM-CBS, 2017 U.S. Dist. LEXIS 146519 (D. Colo. Sept. 11, 2017) (Order granting summary judgment in part and certifying question to the Colorado Supreme Court).