Free Trade in Water Resources: Sporhase v. Nebraska ex rel. Douglas
- 1 January 1983
- journal article
- Published by University of Chicago Press in Supreme Court Economic Review
- Vol. 2, 89-110
- https://doi.org/10.1086/scer.2.1147121
Abstract
This essay describes the doctrinal development that led the Supreme Court in Sporhase v. Nebraska ex rel. Douglas to strike down impediments to interstate trade in water resources. It proceeds to consider justifications that states may invoke in support of explicit export barriers and explicit discriminations against nonresident water users. Further, it suggests ways in which the judicial intervention paradoxically might prove to be a setback for free trade in water.Keywords
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