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WYOMING v. OKLAHOMA Opinion of the Court

the loss of any market cannot be made up by sales elsewhere, where Wyoming’s supply has already risen to meet demand.8 II In its motion for summary judgment before the Special Master, Oklahoma again challenged Wyoming’s standing, and now excepts to the Special Master’s recommendation that we reject Oklahoma’s submission in this respect. Having granted Wyoming leave to file its complaint over Oklahoma’s objection to standing, and having denied Oklahoma’s motion to dismiss for want of standing, and the parties having submitted the case on cross-motions for summary judgment, we are not at all inclined to dismiss the action at this juncture. Although we have been reluctant to import wholesale lawof-the-case principles into original actions, Arizona v. California, 460 U. S. 605, 618–619 (1983), prior rulings in such cases “should be subject to the general principles of finality and repose, absent changed circumstances or unforeseen issues not previously litigated.” Id., at 619. Here, Oklahoma in no way suggests any change of circumstance, whether of fact or law. In each brief submitted on the issue, Oklahoma has recited the same facts, cited the same cases, and constructed the same arguments. Of course, we surely have the power to accede to Oklahoma’s request at this late date, and if convinced, which we are not, that we were clearly wrong in accepting jurisdiction of this case, we would not hesitate to depart from our prior rulings. 8

One affidavit, from a principal of a consulting firm conducting economic analysis of the coal industry, reflects that in 1987 the Wyoming Powder River Basin had an annual production capacity of 186.4 million tons, versus actual 1987 production of 127.1 million tons. Affidavit of Seth Schwartz (Appendix to Response to Motion to Dismiss A–2). Moreover, the Director of the Wyoming Department of Environmental Quality, who oversees programs for permitting coal mines, informs us that as of 1987, permitted capacity in the Powder River Basin was 318 million tons, whereas total production from all coal mines was 146.5 million tons. Affidavit of Randolph Wood (Appendix to Response to Motion to Dismiss A–5).