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- SUPREME COURT OF THE UNITED STATES
- STATE OF NEBRASKA v. STATES OF WYOMING AND
- COLORADO
- on motion of the special master for compensation
- and reimbursement of expenses
- No. 108, Orig. Decided June 15, 1992
-
- The Court by order dated April 20, 1992, awarded the
- Special Master interim compensation and reimbursement
- of expenses. The Court also allowed the parties and the
- proposed intervenors/amici to comment further on the
- Special Master's suggestion of a one-time Special Assess-
- ment of costs to the intervenors/amici.
- Although different arguments have been advanced as to
- the appropriate amounts to be assessed, no party or
- proposed intervenor/amicus has objected to the propriety of
- including non-objecting amici in the assessment. We
- therefore do not reach the issue, deeming the parties to
- have agreed with the procedure. The Special Master found
- that the proceedings were expanded and made more costly
- by reason of amici participation, and the amici presumably
- acknowledge this to be the case. In light of these consider-
- ations, the interim award to the Special Master shall be
- paid as follows:
- (1) the State of Colorado, a party to this original action,
- is assessed the amount of $25,000.00, the amount
- recommended by the Special Master;
- (2) the four proposed intervenors/amici, Basin Electric
- Power Cooperative, Central Nebraska Public Power
- and Irrigation District, the National Audubon Society,
- and the Platte River Whooping Crane Critical Habitat
- Maintenance Trust, are each assessed $5,000.00, an
- amount to which none have objected; and
- (3) the remaining award is to be paid 40% by Nebras-
- ka, 40% by Wyoming, and 20% by the United States.
- Justice White would adopt the recommendation of the
- Special Master respecting the allocation of his fees and
- expense among the parties and the amici.
-
- Justice Stevens, dissenting.
- Because I do not believe that the Court has authority to
- assess costs against nonparties, I respectfully dissent from
- the order to the extent it provides for an assessment
- against amici curiae. I do not think that it is proper for
- the Court to justify its exercise of this authority on the
- basis of the amici's failure to object, especially when the
- assessment is for an interim payment to the Special Master
- in the course of an ongoing proceeding.
-