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Article Title

City of Hugo v. Nichols

Case Summary Citation

656 F.3d 1251 (10th Cir. 2011)

Abstract

The City of Hugo, Oklahoma, entered into a contract with the City of Irving, Texas, for the sale of water. The Oklahoma Water Resources Board denied Hugo’s permit application to allocate water to Irving, basing its decision on Oklahoma law. Hugo sued the Board arguing that the dormant Commerce Clause trumped the Oklahoma law under the Supremacy Clause. The Tenth Circuit determined the dormant Commerce Clause did not convey a specific right to Hugo; therefore, Hugo lacked standing, as well as jurisdiction, to bring the claim in federal court.

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