United States v. Appalachian Electric Power Company

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United States v. Appalachian Electric Power Company
Seal of the United States Supreme Court.svg
Decided December 16, 1940
Full case nameUnited States v. Appalachian Electric Power Company
Citations311 U.S. 377 ( more )
Holding
A waterway that could be made available for navigation in interstate commerce with reasonable improvements is a navigable water of the United States.
Court membership
Chief Justice
Charles E. Hughes
Associate Justices
James C. McReynolds  · Harlan F. Stone
Owen Roberts  · Hugo Black
Stanley F. Reed  · Felix Frankfurter
William O. Douglas  · Frank Murphy
Case opinions
MajorityReed
ConcurrenceMcReynolds
DissentRoberts
Hughes took no part in the consideration or decision of the case.

United States v. Appalachian Electric Power Company, 311 U.S. 377 (1940), was a United States Supreme Court case in which the court held that a waterway that could be made available for navigation in interstate commerce with reasonable improvements is a navigable water of the United States. Whether or not Congress has actually contemplated or approved such improvements to the waterway is irrelevant. [1] [2]

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References

  1. United States v. Appalachian Electric Power Company, 311 U.S. 377 (1940).
  2. Lieberman, Jethro K. (1999). "Admiralty and Maritime Jurisdiction". A Practical Companion to the Constitution. p. 32.

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain . "[T]he Court is unanimously of opinion that no reporter has or can have any copyright in the written opinions delivered by this Court." Wheaton v. Peters, 33 U.S. (8 Pet.) 591, 668 (1834)