Page:United States Reports 502 OCT. TERM 1991.pdf/599

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Cite as: 502 U. S. 437 (1992)

441

Opinion of the Court

permanently enjoining enforcement of the Act. On June 30, 1988, we granted Wyoming leave to file its bill of complaint over Oklahoma’s objections that Wyoming lacked standing to bring this action and, in any event, should not be permitted to invoke this Court’s original jurisdiction. 487 U. S. 1231. Oklahoma next filed a motion to dismiss on August 29, 1988, raising these same arguments. We denied the motion to dismiss on October 31, 1988, and ordered Oklahoma to answer Wyoming’s complaint within 30 days. 488 U. S. 921. We thereafter appointed the Special Master, 489 U. S. 1063 (1989), who ordered the parties to complete discovery and to file a stipulation of uncontested facts, any affidavits believed to be necessary, and a short statement of any disputed issues of material fact that may require a hearing. The parties complied, and each moved for summary judgment. Wyoming argued that the Act is a per se violation of the Commerce Clause. Oklahoma reasserted its arguments on standing and the appropriateness of this Court’s exercise of original jurisdiction, submitting as well that the Act was constitutional. The Report of the Special Master was received and ordered filed on October 1, 1990. 498 U. S. 803. Based on the record before him, the Special Master recommended findings of fact, to which the parties do not object, and conclusions of law generally supporting Wyoming’s motion for summary judgment and rejecting Oklahoma’s motion for summary judgment. More specifically, the Report recommends that we hold, first, that Wyoming has standing to sue and that this case is appropriate to our original jurisdiction; and second, that the Act discriminates against interstate commerce on its face and in practical effect, that this discrimination is not justified by any purpose advanced by Oklahoma, and that the Act therefore violates the Commerce Clause. The Report also recommends that the Court either dismiss the action as it relates to an Oklahoma-owned utility without prejudice to Wyoming to assert its claim in an appropriate forum,