Central Green Co. v. United States

Last updated
Central Green Co. v. United States
Seal of the United States Supreme Court.svg
Argued October 30, 2000
Decided February 21, 2001
Full case nameCentral Green Corporation v. United States
Citations 531 U.S. 425 ( more )
121 S. Ct. 1005; 148 L. Ed. 2d 919
Prior history On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
Holding
The term 'flood or flood waters' within the Flood Control Act of 1928 includes water that is released for the purpose of flood control
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
Majority Stevens, joined by unanimous
Laws applied
Flood Control Act of 1928

Central Green Co. v. United States, 531 U.S. 425 (2001), was a United States Supreme Court case decided in 2001. The case concerned the meaning of the words "flood or flood waters" within the Flood Control Act of 1928. The Court concluded that the law did not always apply to federal flood control facilities.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

The Flood Control Act of 1928 authorized the U.S. Army Corps of Engineers to design and construct projects for the control of floods on the Mississippi River and its tributaries as well as the Sacramento River in California. It was sponsored by Sen. Wesley L. Jones (R) of Washington and Rep. Frank R. Reid (R) of Illinois, in response to the Great Mississippi Flood of 1927.

Contents

Background

Central Green Co. owned 1,000 acres of pistachio orchards in California's San Joaquin Valley. The Madera Canal flowed through their property. In 1996, they brought a suit against the United States alleging negligence in the operation and design of the canal. They alleged that it causes subsurface flooding which destroyed some of their crop. [1] In court, the United States argued that the Flood Control Act of 1928 grants them immunity, as it states "[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place". [2] The District Court dismissed the complaint, agreeing with the United States that this incident would fall in the confines of "flood or flood waters". Central Green Co. appealed and the Ninth Circuit Court of Appeals affirmed. It agreed with Central Green that the Madera Canal "serves no flood control purpose", but nevertheless held that immunity attached "solely because it is a branch of the Central Valley Project". [3] Central Green appealed again, this time to the United States Supreme Court, which granted review.

The Madera Canal is a 35.9 mi (57.8 km) aqueduct in the U.S. state of California. It is part of the Central Valley Project managed by the United States Bureau of Reclamation to convey water north to augment irrigation capacity in Madera County, California. It was also the subject of the United States Supreme Court's decision in Central Green Co. v. United States.

Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review. A certiorari is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.

Opinion of the Court

Justice Stevens wrote the decision of the Court, which was unanimous. Stevens began by stating a prior case bound the Court to a different interpretation of the phrase "floods or flood waters" than the Ninth Circuit. In James v. United States (1986), the Court found the phrase "floods or flood waters" encompassed waters released for flood control purposes when reservoired waters are at flood stage. [4] He went on to write that it was a difficult 'fact-led' question about whether this singular incident would fall within the James decision. For that reason, the Court would allow the suit to proceed in the District Court, only concluding that it was in error for the Government to receive absolute immunity in this case. Therefore, the Ninth Circuit was reversed.

John Paul Stevens American judge

John Paul Stevens is an American lawyer and jurist who served as an Associate Justice of the United States Supreme Court from 1975 until his retirement in 2010. At the time of his retirement, he was the second-oldest serving justice in the history of the Court, the third-longest serving Supreme Court Justice in history. Stevens was considered to have been on the liberal side of the Court at the time of his retirement.

See also

Related Research Articles

United States courts of appeals post-1891 U.S. appellate circuit courts

The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.

United States Court of Appeals for the Ninth Circuit Federal court with appellate jurisdiction over the districts of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington

The United States Court of Appeals for the Ninth Circuit is a U.S. Federal court with appellate jurisdiction over the district courts in the following districts:

J. Howard Marshall American businessman

James Howard Marshall II was an American businessman, academic, attorney, and government official. His life spanned nine decades and almost the entire history of the oil industry. He was involved with and invested in the oil industry via academic, government and commercial endeavors. Marshall was married to model and celebrity Anna Nicole Smith during the last 14 months of his life. His estate became the subject of protracted litigation which was reviewed by the Supreme Court in Marshall v. Marshall and Stern v. Marshall.

<i>Hepting v. AT&T</i>

Hepting v. AT&T is a United States class action lawsuit filed in January 2006 by the Electronic Frontier Foundation (EFF) against the telecommunications company AT&T, in which the EFF alleges that AT&T permitted and assisted the National Security Agency (NSA) in unlawfully monitoring the communications of the United States, including AT&T customers, businesses and third parties whose communications were routed through AT&T's network, as well as voice over IP telephone calls routed via the Internet.

Milan Smith American judge

Milan Dale Smith Jr. is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon Smith, was a Republican United States Senator from Oregon from 1996 to 2009.

2005 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005 until October 1, 2006.

In United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), the United States Supreme Court rejected the common-law medical necessity defense to crimes enacted under the federal Controlled Substances Act of 1970, regardless of their legal status under the laws of states such as California that recognize a medical use for marijuana. Oakland Cannabis Buyers' Cooperative was represented by Gerald Uelmen.

United States v. Montoya De Hernandez, 473 U.S. 531 (1985), was a U.S. Supreme Court case regarding the Fourth Amendment's border search exception and balloon swallowing.

<i>Davis v. City of Las Vegas</i>

Davis v. City of Las Vegas, 478 F.3d 1048, was a case in which the United States Court of Appeals for the Ninth Circuit determined whether a Las Vegas, Nevada police officer utilized excessive force when making an arrest.

<i>Doe v. Holy See</i>

John V. Doe v. Holy See is a lawsuit involving the sovereign immunity status of the Holy See in relation to the Catholic sexual abuse scandal in the United States. The threshold question of law in the case is whether the Foreign Sovereign Immunities Act allows the Holy See, a sovereign state in international law, to be sued for acts of local Catholic clergy.

Green Tree Financial Corp-Ala. v. Randolph, 531 U.S. 79 (2000), is a decision by the United States Supreme Court. The case dealt with the enforceability of arbitration agreements that did not discuss the cost of the arbitration itself and with the finality of certain arbitration decisions.

Daniels v. United States, 531 U.S. 374 (2001), was a decision by the Supreme Court of the United States involving the Armed Career Criminal Act of 1984. The Court ruled, in a 5-4 decision, that a defendant sentenced under that Act could not challenge previous convictions on appeal that were used to increase his new sentence.

Department of Interior v. Klamath Water Users Protective Assn., 532 U.S. 1 (2001), was a United States Supreme Court case decided in 2001. The case concerned whether Exemption 5 of the Freedom of Information Act, which applies to "intra agency memoranda or letters", is applicable to documents within the Department of the Interior which discussed plans for the allocation of water in the Klamath River Basin. The Court held unanimously that the exemption did not apply.

Director of Revenue of Mo. v. CoBank ACB, 531 U.S. 316 (2001), was a United States Supreme Court case decided in 2001. The case concerned whether CoBank is exempt from state income tax requirements. A unanimous Court held that they are not exempt.

Lopez v. Davis, 531 U.S. 230 (2001), was a United States Supreme Court case decided in 2001. The case concerned the validity of a Bureau of Prisons regulation which lowered prisoners' sentences for completion of a substance abuse program. The statute however restricted this credit to those who did not engage in a felony aided by a firearm. The Court upheld the regulation over the dissent of three Justices.

Seling v. Young, 531 U.S. 250 (2001), was a United States Supreme Court case decided in 2001. The case concerned a challenge to a civil commitment statute for sexual predators in Washington state. The petitioner tried to differentiate this case from previous ones before the Supreme Court which upheld civil commitment statutes. The Court rejected the challenge to the law over the objection of a single Justice.

Buckman Co. v. Plaintiffs Legal Comm., 531 U.S. 341 (2001), was a United States Supreme Court case decided in 2001. The case concerned whether the FDCA, a federal statute, pre-empted a state-law fraud-on-the-FDA claim. Although finding it on different grounds, the Court decided to reject the lawsuit attempt.

Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 568 U.S. 78 (2013), is a United States Supreme Court case in which the Natural Resources Defense Council and Santa Monica Baykeeper challenged the Los Angeles County Flood Control District (District) for violating the terms of its National Pollutant Discharge Elimination System (NPDES) permit as shown in water quality measurements from monitoring stations within the Los Angeles and San Gabriel Rivers. The Supreme Court, by a unanimous 9-0 vote, reversed and remanded the Ninth Circuit's ruling on the grounds that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a "discharge of a pollutant" under the Clean Water Act.

OBB Personenverkehr AG v. Sachs, 577 U.S. ___ (2015), is a decision by the Supreme Court of the United States, holding that the Foreign Sovereign Immunities Act barred a California resident from bringing suit against an Austrian railroad in federal district court. The case arose after a California resident suffered traumatic personal injuries while attempting to board a train in Innsbruck, Austria. She then filed a lawsuit against the railroad in the United States District Court for the Northern District of California in which she alleged the railroad was responsible for causing her injuries. Because the railroad was owned by the Austrian government, the railroad claimed that the lawsuit should be barred by the Foreign Sovereign Immunities Act, which provides immunity to foreign sovereigns in tort suits filed in the United States. In response, the plaintiff argued that her suit should be permitted under the Foreign Sovereign Immunity Act's commercial activity exception because she purchased her rail ticket in the United States.

References

  1. Central Green Co. v. United States, 531 U.S. 425, 428 (2001).
  2. 531 U.S. 425 at 426.
  3. 531 U.S. 425 at 429.
  4. 531 U.S. 425 at 431.