West Virginia Ex Rel. Dyer v. Sims

71 S. Ct. 557, 95 L. Ed. 713, 95 L. Ed. 2d 713, 341 U.S. 22, 1951 U.S. LEXIS 2355, 62 Ohio Law. Abs. 584, 44 Ohio Op. 364
CourtSupreme Court of the United States
DecidedApril 9, 1951
Docket147
StatusPublished
Cited by165 cases

This text of 71 S. Ct. 557 (West Virginia Ex Rel. Dyer v. Sims) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Virginia Ex Rel. Dyer v. Sims, 71 S. Ct. 557, 95 L. Ed. 713, 95 L. Ed. 2d 713, 341 U.S. 22, 1951 U.S. LEXIS 2355, 62 Ohio Law. Abs. 584, 44 Ohio Op. 364 (U.S. 1951).

Opinions

[24]*24Mr. Justice Frankfurter

delivered the opinion of the Court.

After extended negotiations eight States entered into a Compact to control pollution in the Ohio River system. See Ohio River Valley Water Sanitation Compact, 54 Stat. 752. Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Virginia and West Virginia recognized that they were faced with one of the problems of government that are defined by natural rather than political boundaries. Accordingly, they pledged themselves to cooperate in maintaining waters in the Ohio River basin in a sanitary condition through the administrative mechanism of the Ohio River Valley Water Sanitation Commission, consisting of three members from each State and three representing the United States.

The heart of the Compact is Article VI. This provides that sewage discharged into boundary streams or streams flowing from one State into another “shall be so treated, within a time reasonable for the construction of the necessary works, as to provide for substantially complete removal of settleable solids, and the removal of not less than forty-five per cent (45%) of the total suspended solids; provided that, in order to protect the public health or to preserve the waters for other legitimate purposes, ... in specific instances such higher degree of treatment shall be used as may be determined to be necessary by the Commission after investigation, due notice and hearing.” Industrial wastes are to be treated “to such degree as may be determined to be necessary by the Commission after investigation, due notice and hearing.” Sewage and industrial wastes discharged into streams located wholly within one State are to be treated “to that extent, if any, which may be necessary to maintain such waters in a sanitary and satisfactory condition at least equal to the condition of the waters of the interstate stream immediately above the confluence.”

[25]*25Article IX provides that the Commission may, after notice and hearing, issue orders for compliance enforceable in the State and federal courts. It further provides: “No such order shall go into effect unless and until it receives the assent of at least a majority of the commissioners from each of not less than a majority of the signatory States; and no such order upon a municipality, corporation, person or entity in any State shall go into effect unless and until it receives the assent of not less than a majority of the commissioners from such state.”

By Article X the States also agree “to appropriate for the salaries, office and other administrative expenses, their proper proportion of the annual budget as determined by the Commission and approved by the Governors of the signatory States . . . .”

The present controversy arose because of conflicting views between officials of West Virginia regarding the responsibility of West Virginia under the Compact.

The Legislature of that State ratified and approved the Compact on March 11, 1939. W. Va. Acts 1939, c. 38. Congress gave its consent on July 11, 1940, 54 Stat. 752, and upon adoption by all the signatory States the Compact was formally executed by the Governor of West Virginia on June 30, 1948. At its 1949 session the West Virginia Legislature appropriated $12,250 as the State’s contribution to the expenses of the Commission for the fiscal year beginning July 1, 1949. W. Va. Acts 1949, c. 9, Item 93. Respondent Sims, the'auditor of the State, refused to issue a warrant upon its treasury for payment of this appropriation. To compel him to issue it, the West Virginia Commissioners to the Compact Commission and the members of the West Virginia. State Water Commission instituted this original mandamus proceeding in the Supreme Court of Appeals of West Virginia. The court denied relief on the merits, 134 W. Va.-, 58 S. E. 2d 766, and we brought the case here, [26]*26340 U. S. 807, because questions of obviously important public interest are raised.

The West Virginia court found that the “sole question” before it was the validity of the Act of 1939 approving West Virginia’s adherence to the Compact. It found that Act invalid in that (1) the Compact was deemed to delegate West Virginia’s police power to other States and to the Federal Government, and (2) it was deemed to bind future legislatures to make appropriations for the continued activities of the Sanitation Commission and thus to violate Art. X, § 4 of the West Virginia Constitution.

Briefs filed on behalf of the United States and other States, as amid, invite the Court to consider far-reaching issues relating to the Compact Clause of the United States Constitution. Art. I, § 10, cl. 3. The United States urges that the Compact be so read as to allow any signatory State to withdraw from its obligations at any time. Pennsylvania, Ohio, Indiana, Illinois, Kentucky and New York contend that the Compact Clause precludes any State from limiting its power to enter into a compact to which Congress has consented. We must not be tempted by these inviting vistas. We need not go beyond the issues on which the West Virginia court found the Compact not binding on that State. That these are issues which give this Court jurisdiction to review the State court proceeding, 28 U. S. C. § 1257, needs no discussion after Delaware River Comm’n v. Colburn, 310 U. S. 419, 427.

Control of pollution in interstate streams might, on occasion, be an appropriate subject for national legislation. Compare Oklahoma v. Atkinson Co., 313 U. S. 508. But, with prescience, the Framers left the States free to settle regional controversies in diverse ways. Solution of the problem underlying this case may be attempted directly by the affected States through contentious litigation before this Court. Missouri v. Illinois, 180 U. S. 208, 200 U. S. 496; New York v. New Jersey, 256 U. S. 296. Adju[27]*27dication here of conflicting State interests affecting stream pollution does not rest upon the law of a particular State. This Court decides such controversies according to “principles it must have power to declare.” Missouri v. Illinois, supra, 200 U. S. at 519. But the delicacy of interstate relationships and the inherent limitations upon this Court’s ability to deal with multifarious local problems have naturally led to exacting standards of judicial intervention and have inhibited the formulation of a code for dealing with such controversies. As Mr. Justice Holmes put it: “Before this court ought to intervene the case should be of serious magnitude, clearly and fully proved, and the principle to be applied should be one which the court is prepared deliberately to maintain against all considerations on the other side.” Missouri v. Illinois, supra, 200 U. S. at 521.

Indeed, so awkward and unsatisfactory is the available litigious solution for these problems that this Court deemed it appropriate to emphasize the practical constitutional alternative provided by the Compact Clause.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Detroit International Bridge Company v. Government of Canada
192 F. Supp. 3d 54 (District of Columbia, 2016)
Corr v. Metropolitan Washington Airports Authority
800 F. Supp. 2d 743 (E.D. Virginia, 2011)
Griffith v. Choctaw Casino of Pocola
2009 OK 51 (Supreme Court of Oklahoma, 2009)
in Re Charles L. Ryan
Court of Appeals of Texas, 2004
Panzer v. Doyle
2004 WI 52 (Wisconsin Supreme Court, 2004)
Georgia v. United States Army Corps of Engineers
302 F.3d 1242 (Eleventh Circuit, 2002)
Ballinger v. Delaware River Port Authority
800 A.2d 97 (Supreme Court of New Jersey, 2002)
Arizona Department of Economic Security v. Leonardo
22 P.3d 513 (Court of Appeals of Arizona, 2001)
Pueblo of Santa Ana v. Kelly
104 F.3d 1546 (Tenth Circuit, 1997)
Pueblo of Santa Ana v. Kelly
932 F. Supp. 1284 (D. New Mexico, 1996)
Hess v. Port Authority Trans-Hudson Corporation
513 U.S. 30 (Supreme Court, 1994)
State Ex Rel. Nelson v. CENTRAL INTERSTATE
834 F. Supp. 1205 (D. Nebraska, 1993)
Kickapoo Tribe of Indians v. Babbitt
827 F. Supp. 37 (District of Columbia, 1993)
California Radioactive Materials Management Forum v. Department of Health Services
15 Cal. App. 4th 841 (California Court of Appeal, 1993)
McCOMB v. WAMBAUGH
934 F.2d 474 (Third Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
71 S. Ct. 557, 95 L. Ed. 713, 95 L. Ed. 2d 713, 341 U.S. 22, 1951 U.S. LEXIS 2355, 62 Ohio Law. Abs. 584, 44 Ohio Op. 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-virginia-ex-rel-dyer-v-sims-scotus-1951.