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CONNECTICUT v. CAHILL

Docket No. 99-7793

217 F.3d 93 (2000)

The State of CONNECTICUT, on the relation of Richard Blumenthal in his capacity as Attorney General of the State of Connecticut, Plaintiff-Appellant, v. John P. CAHILL, as New York State Commissioner of Environmental Conservation and Donald W. Brewer, as Director of the Division of Law Enforcement at the New York State Department of Environmental Protection, Defendants-Appellees. Fishers Island Lobstermen's Association, Inc. and Fishers Island Conservancy, Inc., Amici Curiae, Vivian I. Volovar, Movant.

United States Court of Appeals, Second Circuit.

Decided July 7, 2000

Attorney(s) appearing for the Case

Mark P. Kindall, Asst. Atty. General, Hartford, Conn. (Richard Blumenthal, Conn. State Atty. General, Hartford, Conn., on the brief), for plaintiff-appellant.

Peter Lehner, Asst. Atty. General, New York, N.Y. (Eliot Spitzer, N.Y. State Atty. General, Edward Johnson, Deputy Solicitor General, Michael Belohlavek, Asst. Solicitor General, Gordon J. Johnson, Gregory J. Nolan, Asst. Attys. General, New York, N.Y., on the brief), for defendants-appellees.

Steven S. Michaels (Sarah R. Cebik, Debevoise & Plimpton, New York, N.Y., on the brief), for amici curiae Fishers Island Lobstermen's Assn., Inc. and Fishers Island Conservancy Inc.

Before: NEWMAN, WALKER, and SOTOMAYOR, Circuit Judges.

Judge SOTOMAYOR dissents with a separate opinion.

JON O. NEWMAN, Circuit Judge.

This appeal presents an issue not previously litigated in this Court: whether a suit is within the jurisdiction of a federal district court or the United States Supreme Court. The precise issue is whether a suit brought by a State against officers of another State should be deemed to be against the other State itself, in which event it would lie within the Supreme Court's "original...

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