[W]e believe that the holding in Pennsylvania Firecannot be divorced from the outdated jurisprudential assumptions of its era. [read post]

Upon review, the Tenth Circuit affirmed the grants of summary judgment on the dormant Commerce Clause and preemption issues, and the dismissals based on standing and ripeness: [w]e hold that the Red River Compact insulates Oklahoma water statutes from dormant Commerce Clause challenge insofar as they apply to surface water subject to the Compact. [read post]