Page:United States Reports 502 OCT. TERM 1991.pdf/606

 502US2$28D 02-10-99 15:12:54 PAGES OPINPGT

448

WYOMING v. OKLAHOMA Opinion of the Court

Organization, 426 U. S. 26, 41–42 (1976)).” Report of Special Master 11.9 The Master recognized that Courts of Appeals have denied standing to States where the claim was that actions taken by United States Government agencies had injured a State’s economy and thereby caused a decline in general tax revenues. See, e. g., Pennsylvania v. Kleppe, 174 U. S. App. D. C. 441, 533 F. 2d 668, cert. denied, 429 U. S. 977 (1976); State of Iowa ex rel. Miller v. Block, 771 F. 2d 347 (CA8 1985), cert. denied, 478 U. S. 1012 (1986). He concluded, however, that none of these cases was analogous to this one because none of them involved a direct injury in the form of a loss of specific tax revenues—an undisputed fact here. See n. 6, supra. In our view, the Master’s conclusion about Wyoming’s standing is sound. Oklahoma argues that Wyoming is not itself engaged in the commerce affected, is not affected as a consumer, and thus has not suffered the type of direct injury cognizable in a Commerce Clause action. The authorities relied on by Oklahoma for this argument, Oklahoma v. Atchison, T. & S. F. R. Co., 220 U. S. 277, 287–289 (1911), and Louisiana v. Texas, 176 U. S. 1, 16–22 (1900), are not helpful, however, for they involved claims of parens patriae standing rather than 9

We note as well that the recitals in Oklahoma’s initial concurrent resolution reflect that coal-fired electric plants within Oklahoma were exclusively using Wyoming coal, with the attendant recognition that “$9 million of the ratepayers dollars was paid as severance tax to the State of Wyoming.” Res. 21. The Wyoming coal that would have been sold—but no longer will be sold due to the Act—to Oklahoma utilities by a Wyoming producer is subject to the tax when extracted. Wyoming, which stands to regain these lost revenues should its suit to overturn the Act succeed, is thus “directly affected in a ‘substantial and real’ way so as to justify [its] exercise of this Court’s original jurisdiction.” Maryland v. Louisiana, 451 U. S. 725, 737 (1981); see also Texas v. Florida, 306 U. S. 398, 407–408 (1939); Simon v. Eastern Ky. Welfare Rights Organization, 426 U. S. 26, 39 (1976) (plaintiff seeking to invoke Article III judicial power must “stand to profit in some personal interest”).