February 10, 2020–The FL v GA legal case over equitable water use in the Apalachicola-Chattahoochee-Flint Rivers system continues.
Florida filed suit against Georgia in 2013, seeking a consumptive use cap on upstream water use on the Flint River. Twice the Supreme Court has assigned the case to a special master, a representative of the court appointed to hear information and evidence on a case involving difficult or specialized issues. The special master does this on behalf of the judge and makes a recommendation, not a ruling, to the court. The Court then determines the final legal ruling.
Special Master Ralph Lancaster was assigned the case in 2014. Lancaster later conducted a two-month trial and issued a report to the Supreme Court. The full court then heard oral arguments and later sent the case back to another Special Master in 2018. Here’s the full court’s ruling from 2018.
In December 2019, Special Master Paul Kelly of New Mexico issued a report to U.S. Supreme Court. Prior to this, oral arguments were held in October, but no new evidence was included in the case. The report was disheartening news for everyone eager for an equitable water sharing outcome for the Apalachicola River and Bay. Though, the case is not over. The report goes back to the full Court for a ruling. It’s likely that one or both states will request an additional hearing in front of the full Supreme Court.
Here’s a recent NPR story on the ACF legal case.
The States can provide Exception to the Special Master’s report and recently, Florida requested an extension which will lengthen the briefing timeline. From the Supreme Court docket:
“Florida’s February 5, 2020, request for an extension of time has been granted as follows: Exceptions to the Special Master’s Report are due on or before April 13, 2020; Replies are due on or before June 12, 2020; Sur-replies are due on or before July 13, 2020.”
Court documents can be found here.
Separately, the legal case against by US Army Corps of Engineers by Apalachicola Riverkeeper, Florida Wildlife Federation and National Wildlife Federation also remains in play. Update here.
