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51 Urb. Law. 283 (2021-2022)
Developments in Interstate Compact Law and Practice 2021

handle is hein.journals/urban51 and id is 302 raw text is: 283

Developments in Interstate Compact
Law and Practice 2021
Jeffrey B. Litwak* and Elie Steinberg**
The year 2021 was an unusually typical year for interstate compacts.
Unlike recent years, there were no blockbuster cases and no major
federal or state legislation creating, amending, or directly impacting
compacts. Likewise, compact agencies took few actions relating to
governance and administration that might suggest a new best prac-
tice. Nevertheless, there were several judicial decisions involving the
application of the federal Administrative Procedure Act, the appli-
cation of state law to compacts and compact agencies, and other
principles of compact law. Legislative developments included the
new federal infrastructure law with significant funding for the cre-
ation of additional interstate rail compacts, several state bills relat-
ing to rail compacts, state enactments of occupational licensure
compacts, and a flurry of other bills and enactments. Significant
administrative developments include the Psychology Interjurisdic-
tional Compact Commission enacting a new rule specifying that the
Commission must vote to find that states' enactments of the com-
pact are consistent with the model text, as well as the Great Lakes-St.
Lawrence River Basin Water Resources Council enacting new rules
for alternative dispute resolution, arbitration, and enforcement.
This article discusses a wide range of judicial, administrative, and
legislative developments in interstate compact law in 2021.1 We dis-
cuss reported and unreported cases as both illustrate how courts
apply or distinguish principles of compact law. We discuss enacted
* General Counsel, Columbia River Gorge Commission; Adjunct Professor of
Law, Lewis and Clark Law School; author of Interstate Compact Law, Cases and
Materials (4th ed. 2020), co-author of The Evolving Law and Use of Interstate Com-
pacts (2d ed. 2016); Legal Advisor to the Council of State Governments National
Center for Interstate Compacts.
** Lewis and Clark Law School, JD 2022.
1. Between 2008 and 2019, this annual Developments article was published in
the ABA Section of Administrative Law and Regulatory Practice's annual book,
Developments in Administrative Law and Regulatory Practice. The Administrative
Law section ceased publication of that book after the 2019 edition. Beginning in
2020, The Urban Lawyer has graciously continued to publish this overview.

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