January 13, 2009

tri-state water rights litigation update

By tri-state water rights litigation update

Yesterday the U.S. Supreme Court denied Georgia's petition for writ of certiorari in Georgia v. Florida. This case concerns an agreement between Georgia and the Army Corps of Engineers regarding Georgia's future water supply from Lake Lanier, a man-made lake north of Georgia. Last February, the D.C. Circuit invalidated the agreement, essentially holding that there was no statutory authorization for the Corps to enter into the agreement.

The AP reports that the Supreme Court's denial of cert. should have consequences in the remaining tri-state water rights litigation, which includes a dispute as to what the Endangered Species Act requires in terms of water flows throughout the region.  See also the Atlanta Journal-Constitution and Law.com.

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