Withdrawal and Modification of Congressional Consent
Once Congress grants its consent to a compact, the general view is that it cannot withdraw its consent. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of appeal have held that congressional consent, once given, is not subject to alteration. Tobin v. United States, 306 F.2d 270, 273 (D.C. Cir. 1962) (stating, “such a holding would stir up an air of uncertainty in those areas of our national life presently affected by the existence of these compacts. No doubt the suspicion of even potential impermanency would be damaging to the very concept of interstate compacts.); see also Mineo v. Port Auth. of N.Y & N.J., 779 F.2d 939 (3d Cir. 1985) (following Tobin).
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