Central Green Co. v. United States | |
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Argued October 30, 2000 Decided February 21, 2001 | |
Full case name | Central 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 | |
| |
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.
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.
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.
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 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.
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