NJ Wins 3rd. Circ. Fight To Escape Bi-State Port Agency

Law360 (June 5, 2020, 6:44 PM EDT) -- The Third Circuit on Friday cleared New Jersey's path to escape a more than 60-year-old compact establishing a commission to regulate the shipping port it shares with New York, ruling in a precedential opinion that the Garden State is shielded from that agency's suit to block its withdrawal.

A circuit panel upended the Waterfront Commission of New York Harbor's summary judgment win last year, which invalidated a state law withdrawing New Jersey from the compact. The suit was filed against New Jersey Gov. Phil Murphy, but the state is "the real, substantial party in interest" and thus entitled to sovereign immunity,...

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