Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/16

12

Commission as the sole arbiter” regarding North Caro­lina’s compliance with its obligations under the Compact, Texas v. New Mexico, 462 U. S., at 569, we are not bound to follow the Commission’s findings.

Plaintiffs argue that we nonetheless owe deference to the Commission’s conclusion. But unless the text of an interstate compact directs otherwise, we do not review the actions of a compact commission “on the deferential model of judicial review of administrative action by a federal agency.” Id., at 566–567. The terms of this Compact do not establish that “this suit may be maintained only as one for judicial review of the Commission’s” determination of breach. Id., at 567. Accordingly, we do not apply ad­ministrative-law standards of review, but exercise our independent judgment as to both fact and law in executing our role as the “exclusive” arbiter of controversies between the States, §1251(a).

Plaintiffs’ next two exceptions are to the Special Mas­ter’s recommendations to deny their motion for summary judgment on their breach-of-contract claims, and to grant North Carolina’s motion for summary judgment on those claims. In resolving motions for summary judgment in cases within our original jurisdiction, we are not techni­cally bound by the Federal Rules of Civil Procedure, but we use Rule 56 as a guide. This Court’s Rule 17.2; Nebraska v. Wyoming, 507 U. S. 584, 590 (1993). Hence, summary judgment is appropriate where there “is no genuine issue as to any material fact” and the moving party is “entitled to a judgment as a matter of law.” Fed. Rule Civ. Proc. 56(c); see Celotex Corp. v. Catrett, 477 U. S. 317, 322 (1986); Anderson v. Liberty Lobby, Inc., 477 U. S. 242, 248 (1986).