Special Considerations for Litigation Involving Interstate Commissions
The question of which courts, state or federal, have jurisdiction to resolve a dispute involving an interstate compact follows common law rules applicable to other legal actions involving governmental parties, such as states. However, there are some unique issues and problems. Factors such as federal constitutional jurisprudence, the text of a compact, congressional consent, conflict of laws and comity may inform or restrict jurisdiction differently. There are also unique considerations for interpreting and enforcing compacts as well as determining what remedies are available in compact cases.
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