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SPORHASE v. NEBRASKA EX REL. DOUGLAS

No. 81-613.

458 U.S. 941 (1982)

102 S.Ct. 3456

73 L.Ed.2d 1254

SPORHASE ET AL. v. NEBRASKA EX REL. DOUGLAS, ATTORNEY GENERAL.

Supreme Court of United States.

Decided July 2, 1982.

Attorney(s) appearing for the Case

Richard A. Dudden argued the cause and filed a brief for appellants.

G. Roderic Anderson, Assistant Attorney General of Nebraska, argued the cause for appellee. With him on the brief was Paul L. Douglas, Attorney General, and Steven C. Smith, Special Assistant Attorney General.*

JUSTICE STEVENS delivered the opinion of the Court.

Appellants challenge the constitutionality of a Nebraska statutory restriction on the withdrawal of ground water from any well within Nebraska intended for use in an adjoining State. The challenge presents three questions under the Commerce Clause:1 (1) whether ground water is an article of commerce and therefore subject to congressional regulation...

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