Water-rights dispute Florida v. Georgia seems to have stalled

[Elderberry]

SCOTUSblog by Lara Fowler 7/9/2019

More than a year ago, Justice Stephen Breyer released the final ruling of October Term 2017 when he announced the decision in Florida v. Georgia, “breezily” summarizing “the ruling in this water dispute that he acknowledges is not a blockbuster.” Although the Supreme Court may have found this to be a technical case, it is of paramount importance to Florida and Georgia. After holding that Special Master Ralph Lancaster had applied too strict a standard in ruling against Florida, the court sent the case back to the special master with a set of questions to answer. Some had hoped the case could proceed quickly; however, it now seems to have stalled.

Georgia’s supplemental brief emphasized that Florida has not met its “heavy burden” of proving “by clear and convincing evidence that the benefits of an equitable apportionment decree substantially outweigh any harm that might result.” Georgia further argued that Florida has failed to prove harm to the Apalachicola River or Bay; rather, “the Corps—not Georgia—caused those lower river levels through Congressionally authorized activities in the [Basin], Florida allowed over-harvesting of oysters after the Deepwater Horizon, and experts determined that additional water from Georgia would not have improved conditions.” Georgia also argued that its use of the Flint River, which flows into the Apalachicola River, is equitable because it puts the water to “highly productive uses” and “the vast majority of available water flows across the state line into Florida.” Georgia then argued that Florida overstated the extent to which a cap would increase streamflow and failed to provide a feasible remedy to ameliorate the alleged harms. Finally, Georgia noted its “extensive measures” to conserve water in the Basin.

In its supplemental response brief, Florida argued that Georgia disregarded the court’s mandate on equitable-apportionment principles, relying primarily on the dissent; ignored the “plain effects” of water consumption in Georgia; and understated the benefits of a decree to Florida while overstating the costs to Georgia. Florida repeatedly noted that Georgia failed to address the court’s decision in a variety of ways, finally arguing that “nder the framework established by the Supreme Court last June, the evidence overwhelmingly shows Florida is entitled to relief.”

More: https://www.scotusblog.com/2019/07/water-rights-dispute-florida-v-georgia-seems-to-have-stalled/