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WYOMING v. OKLAHOMA Opinion of the Court

federal court.10 As such, no pending action exists to which we could defer adjudication on this issue. See, e. g., Illinois v. City of Milwaukee, supra, at 98, 108; Washington v. General Motors Corp., 406 U. S. 109, 114 (1972). Even if such action were proceeding, however, Wyoming’s interests would not be directly represented. See Maryland v. Louisiana, supra, at 743; cf. Arizona v. New Mexico, 425 U. S. 794 (1976). Indeed, Wyoming brings suit as a sovereign seeking declaration from this Court that Oklahoma’s Act is unconstitutional. The Constitution provides us original jurisdiction, and Congress has made this provision exclusive as between these parties, two States. It was proper to entertain this case without assurances, notably absent here, that a State’s interests under the Constitution will find a forum for appropriate hearing and full relief. Oklahoma points to the general requirement, reflected in the controlling principles explained above, that “[b]efore this court can be moved to exercise its extraordinary power under the Constitution to control the conduct of one State at the suit of another, the threatened invasion of rights must be of serious magnitude and it must be established by clear and convincing evidence.” New York v. New Jersey, 256 U. S. 296, 309 (1921); see also Connecticut v. Massachusetts, 282 U. S. 660, 669 (1931); Missouri v. Illinois, 200 U. S. 496, 521 (1906). On this basis Oklahoma suggests that Wyoming’s interest is de minimis solely for the reason that loss in severance tax revenues attributable to the Act has generally been less than 1% of total taxes collected. See Affidavit of Richard J. Marble (Exh. B to Appendix to Motion of Wyo10

A challenge in the Oklahoma courts brought by a group of Oklahoma consumers was dismissed for lack of standing, upon a finding that they could not suffer injury due to the Act’s prohibition on cost increase to consumers. See Northeast Oklahoma Electric Cooperative, Inc. v. Grand River Dam Authority, Case No. C–88–127 (Dist. Ct. Craig Cty., Okla., Sept. 2, 1988) (Journal Entry of Judgment attached as Appendix to Reply Brief for Oklahoma on Motion for Summary Judgment).