Florida v. Georgia | |
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Argued January 8, 2018 Decided June 27, 2018 | |
Full case name | Florida v. Georgia |
Docket no. | 22O142 |
Citations | 585 U.S. ___ ( more ) 138 S. Ct. 2502; 201 L. Ed. 2d 871 |
Argument | Oral argument |
Holding | |
Florida made a legally sufficient showing as to the possibility of fashioning an effective remedial decree equitably apportioning the water of the ACF basin. | |
Court membership | |
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Case opinions | |
Majority | Breyer, joined by Roberts, Kennedy, Ginsburg, Sotomayor |
Dissent | Thomas, joined by Alito, Kagan, Gorsuch |
Florida v. Georgia, 585 U.S. ___ (2018), was a decision by the Supreme Court of the United States in an original jurisdiction case. It involves a long-running dispute over waters within the ACF River Basin, running from the north Georgia mountains through metro Atlanta to the Florida panhandle, which is managed by the United States Army Corps of Engineers. Waters in the area have been stressed by the population growth of Atlanta over previous decades. The immediate case stemmed from droughts in 2011 and 2012 that caused economic damage to Florida due to lower water flows from the ACF River Basin into the panhandle, impacting its seafood production; Florida sought relief to have more water allocated towards them from the ACF by placing a water allocation cap on Georgia. The Supreme Court assigned a special master to review Florida's complaint, but ultimately found in 2016 that Florida had not fully demonstrated the need for more allocation. Florida challenged this determination to the Supreme Court. On June 27, 2018, the Supreme Court ruled 5–4 that the special master had not properly considered Florida's argument and remanded the case to be reheard and reviewed.
Subsequently, the court replaced the special master, who later ruled against Florida in the dispute. Florida challenged the conclusions of the special master's report, but the Supreme Court overruled Florida's exceptions and unanimously dismissed the case in Florida v. Georgia , 592 U.S. ___ (2021).
The case involves the Apalachicola-Chattahoochee-Flint (ACF) River Basin, which includes three major rivers in the southeast United States. The Chattahoochee River runs from the southern end of the Appalachian Mountains in northern Georgia and runs south-southwest and towards the Gulf of Mexico; it forms the state border between Georgia and Alabama. The Flint River forms from groundwater seepage in northern Georgia, and also runs south-southwest until it meets with the Chattahoochee at the southern edge of both Georgia and Alabama. The combined rivers become the Apalachicola River which then crosses Florida's panhandle and empties into Apalachicola Bay, an estuary abutting the Gulf. Besides serving as water sources for various municipal water systems, the ACF River Basin also provides significant quantities of water for agricultural irrigation, and numerous wildlife species reside along the rivers, particularly within the Bay.
With approval from Congress, the United States Army Corps of Engineers completed Buford Dam on the Chattahoochee in Georgia in the 1950s that created the reservoir Lake Lanier. This was intended to help manage the water flow along the Chattahoochee so that it could be used for both hydroelectric power and for water-bourne transport through a series of locks, as well as for flood control.
In the second half of the 20th century, Atlanta saw a significant boost in population growth, stressing its water supply that was also coupled with droughts. The Corps, the United States Environmental Protection Agency, the state of Georgia, and the Atlanta Regional Commission conducted a study in 1989 to determine that to meet Atlanta's water needs in the future, the city could be offered the right to purchase some of the water stored in Lake Lanier as long as the city and state paid for the costs of constructing and operating the offtake from the lake to metro Atlanta. The Corps determined that there was no significant environmental impact of this approach.
In 1990, Alabama filed a lawsuit to stop the Corps from implementing this plan, and other suits followed from Georgia and Florida. These suits were ultimately combined into a signal case designed to examine two questions: whether the Corps had the authority to grant water usage rights, and whether the plan ignored elements of the Endangered Species Act of 1973. By 1992, the parties had come to a memorandum of understanding (MOU) that would stay the lawsuit, with the Corps holding off on implementing their water supply plan with Atlanta, while a comprehensive water usage study of both the ACF and the neighboring Alabama-Coosa-Tallapoosa (ACT) River Basin was conducted. The MOU also included allowance for the Corps to provide reasonable quantities water to the metro Atlanta area to meet their needs while the study was in progress.
By 1997, the study had yet to be completed, but Congress ratified two interstate compacts, the ACF and the ACT Compact, which allowed the involved states to enter into negotiations to derives formulas for how the water was to be allocated from these two basins. As with the 1992 MOU, the ACF Compact allowed the Corps to continue to provide water to the metro Atlanta area as it saw needed while the negotiations progressed. The states attempted to reach an agreement in the compact, but by 2003, these negotiations for the ACF Compact had failed, and 2004 for the ACT Compact, and both compacts were dissolved.
Alabama restarted its 1990 lawsuit following the dissolution of the ACF Compact. This ended up splintering into eight different cases at state and federal level, but were ultimately condensed into two cases. The United States Court of Appeals for the Eleventh Circuit ruled in 2011 that the Corps did have the right to allocate waters from Lake Lanier to Atlanta, as Congress had authorized this use in the legislation used to approve of the project. Within the year, the Corps made a preliminary decision that it could offer 705 million gallons per day from Lanier to Atlanta to be added to its Master Manual for the ACF Basin, but that decision was pending an environmental impact statement. Alabama petitioned the case to the Supreme Court but they declined to hear the challenge, effectively ending decades of litigation.
In 2011 and 2012, droughts in the southeast states led to lower water levels in the ACF rivers, increasing the salinity of the waters in Apalachicola Bay, and caused a collapse of Florida's oyster industry. In 2013, Florida filed a motion for leave with the Supreme Court, issuing a complaint for equitable apportionment and injunctive relief against the state of Georgia. Florida claimed that the increased offtake of water by Georgia had caused "serious harm" to the ecosystem, and demanded that Atlanta cap its water offtake from the Chattahoochee to the 1992 levels (at the time of the MOU). The Court accepted the motion, and assigned Ralph I. Lancaster, Jr. as a special master to review the complaint. Lancaster performed discovery and pre-trial hearings from 2014 to 2016, and held a six-week trial in late 2016. He provided the Court with his report in February 2017, rejecting Florida's complaint towards Georgia. Lancaster had agreed that there was environmental impact from lower water levels, he stated that Florida had “not proven by clear and convincing evidence" that a water offtake cap would improve water availability during drought periods. Additionally, as Florida had not included the Army Corps within its complaint, they could not seek the required relief.
In May 2017, the Corps updated its Master Manual to include the Atlanta water usage, with notice that should the Supreme Court issue a ruling in the case, they would update the Manual appropriately. Based on this new information, Florida filed their exceptions to Lancaster's report, specifically taking objection that they had to show clear evidence that capping Atlanta's water support would provide the redress they requested.
Oral arguments took place on January 8, 2018. [1]
The Court issued its ruling on June 27, 2018. In a 5–4 decision, the Court found that the Special Master used too strict a standard to the case presented by Florida, and ordered the case be remanded to be reheard to take appropriate considerations for Florida's arguments. [2]
Florida v. Georgia | |
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Argued February 22, 2021 Decided April 1, 2021 | |
Full case name | Florida v. Georgia |
Docket no. | 22O142 |
Citations | 592 U.S. ___ ( more ) |
Argument | Oral argument |
Holding | |
Florida's exceptions to the Special Master’s Report are overruled, and the case is dismissed. | |
Court membership | |
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Case opinion | |
Majority | Barrett, joined by unanimous |
Following the ruling, on August 9, 2018, the Supreme Court discharged Special Master Lancaster with the thanks of the court [3] and replaced him with Judge Paul Joseph Kelly Jr. of the Tenth Circuit. Kelly discussed if the case needed additional discovery with the parties, but all agreed that the current documented history of the case should be sufficient, so Kelly, by January 2019, sought final statements and conclusions from the parties to review, with responses and counter-statements made by March 2019. [4] In December 2019, the special master found in favor of Georgia. In his 96-page report to the Supreme Court, Kelly recommended denying Florida's request for a decree allocating the water between the two states. He found that Florida failed to show that Georgia's use of water was excessive or that the harm to their domestic oyster industry was caused by Georgia's activity. He also found that the benefit to Florida would not outweigh the harm to Georgia under the doctrine of equitable apportionment. [5]
Florida dispute the ruling of the Special Master in a new challenge to the Court. The Court heard oral arguments to this case on February 22, 2021 and issued a unanimous ruling on April 1, 2021, overruling the exemptions that Florida had with the Special Master's findings and dismissing their case (Florida v. Georgia, 592 U.S. ___ (2001)) The unanimous opinion, written by Justice Amy Coney Barrett, stated that Florida failed to prove out its exceptions it had on the Special Master ruling, and that "Considering the record as a whole, Florida has not shown that it is 'highly probable' that Georgia's alleged overconsumption played more than a trivial role in the collapse of Florida's oyster fisheries." [6]
Seminole County is a county located in the southwestern corner of U.S. state of Georgia. As of the 2010 census, the population was 8,729. The county seat is Donalsonville.
Hall County is a county located in the north central portion of the U.S. state of Georgia. As of the 2020 census, the population was 203,136, up from 179,684 at the 2010 census. The county seat is Gainesville. The entirety of Hall County comprises the Gainesville, Georgia, Metropolitan Statistical Area, which is also part of the Atlanta-Athens-Clarke County-Sandy Springs, Combined Statistical Area.
Chattahoochee County, also known as Cusseta-Chattahoochee County, is a county located on the western border in central Georgia. As of the 2010 census, the population was 11,267. The county seat is Cusseta, with which the county shares a consolidated city-county government. The city of Cusseta remains a geographically distinct municipality within Chattahoochee County. The county was created on February 13, 1854.
The Chattahoochee River forms the southern half of the Alabama and Georgia border, as well as a portion of the Florida - Georgia border. It is a tributary of the Apalachicola River, a relatively short river formed by the confluence of the Chattahoochee and Flint rivers and emptying from Florida into Apalachicola Bay in the Gulf of Mexico. The Chattahoochee River is about 430 miles (690 km) long. The Chattahoochee, Flint, and Apalachicola rivers together make up the Apalachicola–Chattahoochee–Flint River Basin. The Chattahoochee makes up the largest part of the ACF's drainage basin.
The ACF River Basin is the drainage basin, or watershed, of the Apalachicola River, Chattahoochee River, and Flint River, in the Southeastern United States.
The Apalachicola River is a river, approximately 160 mi (180 km) long in the state of Florida. The river's large watershed, known as the ACF River Basin, drains an area of approximately 19,500 square miles (50,500 km2) into the Gulf of Mexico. The distance to its farthest head waters in northeast Georgia is approximately 500 miles (800 km). Its name comes from the Apalachicola people, who used to live along the river.
The Flint River is a 344-mile-long (554 km) river in the U.S. state of Georgia. The river drains 8,460 square miles (21,900 km2) of western Georgia, flowing south from the upper Piedmont region south of Atlanta to the wetlands of the Gulf Coastal Plain in the southwestern corner of the state. Along with the Apalachicola and the Chattahoochee rivers, it forms part of the ACF basin. In its upper course through the red hills of the Piedmont, it is considered especially scenic, flowing unimpeded for over 200 miles (320 km). Historically, it was also called the Thronateeska River.
Lake Lanier is a reservoir in the northern portion of the U.S. state of Georgia. It was created by the completion of Buford Dam on the Chattahoochee River in 1956, and is also fed by the waters of the Chestatee River. The lake encompasses 38,000 acres (150 km2) or 59 sq mi (150 km2) of water, and 692 mi (1,114 km) of shoreline at normal level, a "full pool" of 1,071 ft (326 m) above mean sea level and the exact shoreline varies by resolution according to the coastline paradox. Named for poet Sidney Lanier, it was built and is operated by the U.S. Army Corps of Engineers for flood control and water supplies. Its construction destroyed more than 50,000 acres (20,000 ha) of farmland and displaced more than 250 families, 15 businesses, and relocated 20 cemeteries along with their corpses in the process.
Apalachicola Bay is an estuary and lagoon located on the northwest coast of the U.S. state of Florida. The Apalachicola Bay system also includes St. George Sound, St. Vincent Sound and East Bay, covering an area of about 208 square miles (540 km2). Four islands, St. Vincent Island to the west, Cape St. George Island and St. George Island to the south, and Dog Island to the east, separate the system from the Gulf of Mexico. Water exchange occurs through Indian Pass, West Pass, East Pass and the Duer Channel. The lagoon has been designated as a National Estuarine Research Reserve and the Apalachicola River is the largest source of freshwater to the estuary. Combined with the Chattahoochee River, Flint River, and Ochlockonee River they drain a watershed of over 20,000 square miles (50,000 km2) at a rate of 19,599 cubic feet per second according to the United States Geological Survey in 2002.
Chattahoochee Riverkeeper (CRK) -- formerly known as Upper Chattahoochee Riverkeeper (UCR) -- is an environmental advocacy organization with 10,000 members dedicated solely to protecting and restoring the Chattahoochee River Basin. CRK was modeled after New York’s Hudson Riverkeeper and was the 11th licensed program in the international Waterkeeper Alliance. In 2012, the organization officially changed its name to simply Chattahoochee Riverkeeper (CRK), dropping the "Upper" to better reflect its stewardship over the entire river basin.
Lake Seminole is a reservoir located in the southwest corner of Georgia along its border with Florida, maintained by the U.S. Army Corps of Engineers. The Chattahoochee and Flint rivers join in the lake, before flowing from the Jim Woodruff Lock and Dam, which impounds the lake, as the Apalachicola River. The lake contains 37,500 acres (152 km2) of water, and has a shoreline of 376 mi (605 km). The fish in Lake Seminole include largemouth bass, crappie, chain pickerel, catfish, striped bass and other species. American alligators, snakes and various waterfowl are also present in the lake, which is known for its goose hunting.
Medionidus penicillatus, the gulf moccasinshell, is a rare species of freshwater mussel in the family Unionidae, the river mussels. This aquatic bivalve mollusk is native to Alabama, Florida, and Georgia in the United States, where it is in decline and has been extirpated from most of the rivers it once inhabited. It is a federally listed endangered species of the United States.
Florida v. Georgia, 58 U.S. 478 (1854), was a United States Supreme Court case invoking the Court's original jurisdiction to determine boundary disputes between states. In this case the boundary dispute was between the State of Florida and the State of Georgia.
State of Alabama v. State of Georgia, 64 U.S. 505 (1860), is a 9-to-0 ruling by the Supreme Court of the United States which held that the true border between the states of Alabama and Georgia was the average water mark on the western bank of the Chattahoochee River. In coming to its conclusion, the Court defined what constituted the bed and bank of a river. The case has had international repercussions as well. The Supreme Court's definition was adopted by courts in the United Kingdom in the case Hindson v. Ashby (1896) 65 LJ Ch. 515, 2 Ch. 27.
According to the Natural Resources Defense Council's recent study, Florida is one of 14 states predicted to face "high risk" water shortages by the year 2050. The state's water is primarily drawn from the Floridan Aquifer as well as from the St. Johns River, the Suwannee River, and the Ocklawaha River. Florida's regional water conflicts stem primarily from the fact that the majority of the fresh water supply is found in the rural north, while the bulk of the population, and therefore water consumption, resides in the south. Metropolitan municipalities in central and south Florida have neared their aquifer extraction limit of 650 million US gallons (2,500,000 m3) per day, leading to the search for new, extra-regional sources.
The tri-state water dispute is a 21st-century water-use conflict among the U.S. states of Georgia, Alabama, and Florida over flows in the Apalachicola-Chattahoochee-Flint River Basin and the Alabama-Coosa-Tallapoosa River Basin. The U.S. Army Corps of Engineers has regulated water flow for the entire Chattahoochee River, from Lake Lanier in Forsyth County, Georgia, to Alabama and Florida.
River Junction is an unincorporated community in Gadsden County, Florida, United States. It became a municipality and raised funds for a sewer system. The arrangement was subject to legal proceedings that reached the Florida Supreme Court in 1936. It ceased to be a town in 1941.
War over Water usually means Water conflict. It may also refer to the following:
Texas v. New Mexico and Colorado, 583 U.S. ___ (2018), was a Supreme Court case argued and decided during the 2017 term of the Supreme Court of the United States. The case involved an interstate dispute regarding New Mexico's compliance with the Rio Grande Compact of 1938, an agreement which established a plan for equitable apportionment of the water in the Rio Grande Basin among the states of Colorado, New Mexico, and Texas. The Court considered the question of whether the U.S. federal government had a legal right to join litigation against New Mexico; the Court ruled that the federal government was within its rights when it did so.
West Point Lake is a man-made reservoir located mostly in west-central Georgia on the Chattahoochee River and maintained by the U.S. Army Corps of Engineers (USACE). The Chattahoochee river flows in from the north, before flowing through the West Point Dam, which impounds the lake, and continuing to Columbus, Georgia. Of the four major USACE lakes in the ACF River Basin, West Point Lake is the smallest by area containing 25,864 acres (10,467 ha) of water, and has the second shortest shoreline at 604 mi (972 km). The purposes of the reservoir are to provide flood control, hydroelectric power, and water storage to aid the navigation of the lower Chattahoochee.