MARYLAND v. LOUISIANA

No. 83, Orig.

451 U.S. 725 (1981)

MARYLAND ET AL. v. LOUISIANA.

Supreme Court of United States.

Decided May 26, 1981.


Attorney(s) appearing for the Case

Stephen H. Sachs, Attorney General of Maryland, argued the cause for plaintiffs. With him on the briefs were David H. Feldman, Diana Gribbon Motz, and Robert A. Zarnoch, Assistant Attorneys General of Maryland; Tyrone C. Fahner, Attorney General of Illinois, Hercules F. Bolos, Special Assistant Attorney General, and Thomas J. Swabowski, Assistant Attorney General; Theodore L. Sendak, Attorney General of Indiana, and William E. Daily and Robert B. Wente, Deputy Attorneys General; Francis X. Bellotti, Attorney General of Massachusetts, and Alan D. Mandl, Assistant Attorney General; Frank J. Kelley, Attorney General of Michigan, Robert A. Derengoski, Solicitor General, and Arthur E. D'Hondt, Don L. Keskey, and John M. Dempsey, Assistant Attorneys General; Robert Abrams, Attorney General of New York, Shirley A. Siegel, Solicitor General, and Paulann M. Caplovitz and Richard W. Golden, Assistant Attorneys General; Dennis J. Roberts II, Attorney General of Rhode Island, and Stephen Lichatin III, Assistant Attorney General; and Bronson C. La Follette, Attorney General of Wisconsin, Charles A. Bleck, Assistant Attorney General, and Steven M. Schur.

Stuart A. Smith argued the cause for intervenors United States et al. With him on the briefs were Solicitor General McCree, Jerome M. Feit, and J. Paul Douglas.

Frank J. Peragine argued the cause for intervenor pipeline companies. With him on the briefs were H. Paul Simon, C. McVea Oliver, William W. Brackett, Daniel F. Collins, Arthur J. Waechter, Jr., Herschel L. Abbott, Jr., Gene W. Lafitte, John M. Wilson, Ernest L. Edwards, Margaret R. Tribble, James H. Napper II, and Melvin Richter.

Eugene Gressman and Robert G. Pugh argued the cause for defendant. With them on the briefs were William J. Guste, Jr., Attorney General of Louisiana, Carmack M. Blackmon, Assistant Attorney General, and William C. Broadhurst.*


JUSTICE WHITE delivered the opinion of the Court.

In this original action, several States, joined by the United States and a number of pipeline companies, challenge the constitutionality of Louisiana's "First-Use Tax" imposed on certain uses of natural gas brought into Louisiana, principally from the Outer Continental Shelf (OCS), as violative of the Supremacy Clause and the Commerce Clause of the United States Constitution.

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