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WYOMING v. OKLAHOMA

No. 112, Orig.

502 U.S. 437 (1992)

WYOMING v. OKLAHOMA

United States Supreme Court.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Mary B. Guthrie, Senior Assistant Attorney General of Wyoming, argued the cause for plaintiff. With her on the briefs were Joseph B. Meyer, Attorney General, and Steve C. Jones and Vicci M. Colgan, Senior Assistant Attorneys General.

Neal Leader, Assistant Attorney General of Oklahoma, argued the cause for defendant. With him on the brief were Robert H. Henry, Attorney General, and Thomas L. Spencer, Assistant Attorney General.*

White, J., delivered the opinion of the Court, in which Blackmun, Stevens, O'Connor, Kennedy, and Souter, JJ., joined. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Thomas, J., joined, p. 461. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 473.

Justice White, delivered the opinion of the Court.

On April 14, 1988, Wyoming submitted a motion for leave to file a complaint under this Court's original jurisdiction provided by Art. III, § 2, of the Constitution. The complaint challenged Okla. Stat., Tit. 45, §§ 939 and 939.1 (Supp. 1988) (Act),1 which requires Oklahoma coal-fired electric generating plants producing power for sale in Oklahoma to burn a mixture of coal...

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