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idaho Vs. Evans
Cites for this judgment
- US Supreme Court
- Jun 23, 1983
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U.S. 1017 (1983) U.S. Supreme Court Idaho v. EvansSearch
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U.S. 1017 (1983) Idaho v. EvansSearch
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Sohappy v. SmithSearch
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is applicable to this dispute. Although that doctrine has its roots in water rights litigation, see Kansas v. ColoradoSearch
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the resource being apportioned. The fact that no State has a preexisting legal right of ownership in the fish, Hughes v. OklahomaSearch
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decree, such legal rights must give way in some circumstances to broader equitable considerations. See Colorado v. NewSearch
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a State may not preserve solely for its own inhabitants natural resources located within its borders. See Philadelphia v. NewSearch
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New England Power Co. v. NewSearch
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to conserve and even to augment the natural resources within their borders for the benefit of other States. Colorado v. NewSearch
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is based on broad and flexible equitable concerns, rather than on precise legal entitlements, see Colorado v. NewSearch
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the Special Master found that the formulation of a workable decree is impossible, we must disagree. See Washington v. FishingSearch
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original jurisdiction must prove by clear and convincing evidence some real and substantial injury or damage. Colorado v. NewSearch
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New Jersey v. NewSearch
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of the fish destined to pass over the Bonneville. See Sohappy v. SmithSearch
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Washington v. FishingSearch
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The Court in Kansas v. ColoradoSearch
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have based apportionment on the consideration of many factors to ensure a fair and equitable allocation. See Colorado v. NewSearch
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as does Idaho's entire argument, that Idaho is entitled to those fish that originate in its waters. After Hughes v. OklahomaSearch
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Id. at 25. No one owns an individual fish until he reduces that fish to possession, Pierson v. PostSearch
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interests in the wildlife within their boundaries, see, e.g., Douglas v. SeacoastSearch
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Missouri v. HollandSearch
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to fish as an interest of sufficient dignity and importance to warrant certain protections. See, e.g., Union Oil Co. v. OppenSearch
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Guste v. MIVSearch
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Weld v. HornbySearch
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New Jersey v. NewSearch
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United States v. WashingtonSearch
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manage to land and reduce particular specimens to possession and full ownership. See, e.g., Washington Game Dept. v. PuyallupSearch
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United States v. WashingtonSearch
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necessary to obtain relief from this Court in the exercise of its original jurisdiction, see, e.g., Kansas v. ColoradoSearch
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returning to their spawning grounds in numbers sufficient to perpetuate the species in this river system. Cf. Colorado v. NewSearch
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U. S. 589 , 325 U. S. 618 (1945). Connecticut v. MassachusettsSearch
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and Washington in terms of harvest forgone in order to allow a given number of fish to reach Idaho, cf. Nebraska v. WyomingSearch
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values of the types of fishery -- commercial or sport -- operated by the defendants and by Idaho, cf. Connecticut v. MassachusettsSearch
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U.S. at 414 U. S. 48 . Nevertheless, it is a task that we have recognized as possible, Washington v. WashingtonSearch
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relief has never provided an excuse for shirking the duty imposed on us by the Constitution. Idaho ex rel. Evans v. OregonSearch
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at 325 U. S. 616 . The lower federal courts have proved able to grant appropriate relief, e.g., Sohappy v. SmithSearch
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U.S. Supreme Court Idaho v. EvansSearch
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See Colorado v. NewSearch
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See Philadelphia v. NewSearch
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New England Power Co. v. NewSearch
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States. Colorado v. NewSearch
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Colorado v. NewSearch
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See Washington v. FishingSearch
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New Jersey v. NewSearch
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the Bonneville. See Sohappy v. SmithSearch
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Washington v. FishingSearch
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After Hughes v. OklahomaSearch
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Pierson v. PostSearch
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Douglas v. SeacoastSearch
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