Pennsylvania v. West Virginia
United States Supreme Court
262 U.S. 553 (1923)
- Written by Jamie Milne, JD
Facts
For many years, the natural-gas production in West Virginia (defendant) exceeded the in-state demand. Consequently, West Virginia encouraged corporations to develop pipelines transporting natural gas to neighboring states, such as Pennsylvania and Ohio (plaintiffs), thus increasing the market area. In all three states, the pipelines were operated as public utilities, and the natural gas supplied was used by both public institutions and private residents. Over time, West Virginia’s demand for natural gas increased. At the same time, its supply was decreasing because of the ongoing extractions. To ensure adequate in-state supply, the West Virginia legislature enacted a statute that required pipeline companies to satisfy all in-state needs before exporting gas to other states, essentially mandating a preference for in-state consumers. Giving preference to in-state needs would necessarily deplete the supply available to Pennsylvania and Ohio, both of which relied on gas from West Virginia to meet fuel and lighting needs. Pennsylvania and Ohio sued West Virginia, seeking to enjoin enforcement of the West Virginia act.
Rule of Law
Issue
Holding and Reasoning (Van Devanter, J.)
Dissent (Brandeis, J.)
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