Florida v. Georgia
Issues
Should the Supreme Court equitably apportion the water of the Apalachicola-Chattahoochee-Flint River Basin between Florida and Georgia?
This case asks the Supreme Court to consider whether it should equitably apportion the waters of the Apalachicola-Chattahoochee-Flint River Basin between Georgia and Florida. There is a long history of conflict between the states over Georgia’s use of water from the Chattahoochee and Flint rivers. Florida argues that the Supreme Court should impose a water consumption cap on Georgia because Georgia’s unreasonable water consumption inflicts real harm on Florida and its ecosystems. Georgia counters that Florida is not entitled to relief in this original jurisdiction action because Florida has not proven that the consumption cap will provide effective redress and Florida has failed to include a necessary party in the litigation. Florida contends that Georgia’s water usage has caused a reduction in the flow of the Apalachicola River that has harmed the region’s oyster population damaging the regional economy. Moreover, Florida suggests that it is the Court’s duty to intervene and apportion the water rights equally between the two states. Georgia disputes that it harmed the oyster population and organizations supporting it argue that upstream states have no duty to maintain or protect water flows to benefit downstream states.
Questions as Framed for the Court by the Parties
This is an action by the State of Florida to equitably apportion the interstate waters of the Apalachicola-Chattahoochee-Flint River Basin (“ACF Basin”).
The state of Florida has sued the state of Georgia over the use of water from the Apalachicola-Chattahoochee-Flint River Basin (the “ACF Basin”) in the United States Supreme Court, which has original jurisdiction over the matter—i.e., this case begins in the Supreme Court.
Edited by
Additional Resources
- Lloyd Dunkelberger: U.S. Supreme Court Wades Into Florida-Georgia Water War, Palm Beach Post (Oct. 11, 2017)
- Tamar Hallerman: U.S. Supreme Court to Hear Georgia Water Rights Case, Atlanta Journal Constitution (Oct. 10, 2017)
- U.S. Supreme Court: Equitable Apportionment, Atlanta Regional Commission (last updated Dec. 12, 2017)