More than half a century ago, the States of New Jersey and New York agreed to enter into the Waterfront Commission Compact. More recently, New Jersey enacted legislation to withdraw from the Compact. To prevent this unilateral termination, the Waterfront Commission sued the Governor of New Jersey. The District Court granted the Commission’s motion for summary judgment. The Third Circuit reversed, holding that, because the state of New Jersey was the real, substantial party in interest, its immunity barred the District Court from exercising subject-matter jurisdiction. Accordingly, the case should have been dismissed.
