<Tr> <Td_colspan="2"> 1905 Interstate Compact between the two states </Td> </Tr> <P> New Jersey v. Delaware, 552 U.S. 597 (2008), is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Court's original jurisdiction under 28 U.S.C. § 1251 (a), following Delaware's denial of oil company BP's petition to build a liquefied natural gas pipeline and loading facility on the New Jersey side of the Delaware River . Delaware denied BP's petition because it violated Delaware's Coastal Zone Act . BP then sought New Jersey's approval of the project . Delaware objected because the construction would require dredging of underwater land within Delaware's borders, which extend to the low - tide mark of the New Jersey shore . BP's proposal had not yet passed New Jersey's approval process when New Jersey and BP filed suit against Delaware . </P> <P> Jurisdiction over rivers that form a border between states is usually determined by dividing the river down the middle between the states; this is not the case with the Delaware River . Delaware - New Jersey's curious border is the result of a grant by King Charles II in 1681, when the Delaware Colony was leased by William Penn from King Charles to become the three lower counties of Pennsylvania . The grant extended Delaware's northern border by The Twelve - Mile Circle in New Castle, Delaware, extending across the Delaware River . If the circle were to be extended fully, it would have included a portion of New Jersey, but this was unacceptable because that land had already been granted . As a result, the 12 - Mile - Circle terminated at the mean low water mark on New Jersey's shore . The post-1681 border gave present - day Delaware full ownership of the Delaware River along a stretch of the New Jersey border . </P> <P> The case adjudicated by the Supreme Court is the third incarnation of this litigation . The dispute over the border reaches back to the nation's creation . A settlement was reached between the States at the beginning of the 20th century because the costs of litigation had grown too high . The issue remained settled until New Jersey sued Delaware regarding the BP pipeline . </P>

Why is part of delaware in new jersey
find me the text answering this question