New Jersey sought to withdraw from the interstate compact that established the Waterfront Commission of New York Harbor, an interstate compact entity. The Waterfront Commission sued to enjoin New Jersey’s Governor from moving forward to terminate the Compact. The Third Circuit refused to allow the suit, holding that it was barred by sovereign immunity.
In a post on this page dated June 21, 2020, On the Waterfront: Can Compact Agencies Sue A Signatory States?, I observed:
“The Third Circuit’s decision Waterfront Commission v. Murphy is fundamentally flawed. It will be interesting to see if the Waterfront Commission petitions for Supreme Court review.”
“And, of course, the State of New York could always file an original action to enforce the Compact’s obligations.”
Emphasis added.
Those predictions all came true. The Commission filed for a writ of certiorari, which the Court denied. On March 14, 2022, the State of New York filed an original action against the State of New Jersey to prevent New Jersey from moving forward with its efforts to withdrawn from the Compact. The petition for leave to file an original complaint can be found here.
On March 24, 2022, the Supreme Court issued an order enjoining New Jersey from enforcing its legislation withdrawing from the compact or from “taking action to withdraw unilaterally from the Compact or terminate the Commission pending disposition of the motion for leave to file a bill of complaint and, if granted, disposition of the case.”...
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