Florida v. Georgia
Ongoing case of original jurisdiction
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22o142 | Feb 22, 2021 | Apr 1, 2021 | 9-0 | Barrett | OT 2020 |
Holding: Florida failed to establish that Georgia"s overconsumption of interstate waters was either a substantial factor contributing to, or the sole cause of, Florida"s injuries.
Judgment: Exceptions overruled, and case dismissed, 9-0, in an opinion by Justice Barrett on April 1, 2021.
SCOTUSblog Coverage
- Georgia prevails over Florida in interstate battle over water rights (James Romoser, April 1, 2021)
- No April Fools joke for Florida: Water rights case is dismissed (Lara Fowler, April 1, 2021)
- In interstate water dispute, two stories, conflicting evidence and an uncertain outcome (Lara Fowler, February 23, 2021)
- Florida and Georgia face off again in long-running fight over water rights (Lara Fowler and Johanna Blasak, February 19, 2021)
- February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
- Justices issue new orders from last weeks conference; Thomas criticizes same-sex marriage ruling (Amy Howe, October 5, 2020)
- New special master finds for Georgia in most recent round of water dispute (Lara Fowler, January 9, 2020)
- Water-rights dispute Florida v. Georgia seems to have stalled (UPDATED) (Lara Fowler, July 9, 2019)
- Opinion analysis: Florida wins another chance, and the case goes back to the drawing board (Lara Fowler, June 27, 2018)
- A "view" from the courtroom: A river runs through it (Mark Walsh, June 27, 2018)
- Argument analysis: Can Floridas needs for more water be redressed by a consumption cap in Georgia? (Lara Fowler, January 10, 2018)
- Argument preview: The long-standing water dispute between Florida and Georgia gets a(nother) day in court (Lara Fowler, January 2, 2018)
- Justices release January calendar (Amy Howe, November 17, 2017)
- Court issues orders from last weeks conference (Amy Howe, October 10, 2017)
- Special master named in river dispute (Lyle Denniston, November 19, 2014)
| Date | Proceedings and Orders |
|---|---|
| 09/30/2013 | Documents filed with the Special Master may be found on the Special Master's website at https://www.ca10.uscourts.gov/special-master-142 |
| 10/01/2013 | Motion for leave to file a bill of complaint filed. (Response due December 2, 2013) |
| 10/31/2013 | Order extending time to file response to the bill of complaint to and including January 31, 2014. |
| 01/31/2014 | Opposition to motion for leave to file a complaint of respondent Georgia filed. |
| 02/10/2014 | Reply in support of its motion for leave to file a complaint of Florida, Plaintiff filed. |
| 02/12/2014 | DISTRIBUTED for Conference of February 28, 2014. |
| 03/03/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 09/18/2014 | Brief amicus curiae of United States filed. |
| 10/08/2014 | DISTRIBUTED for Conference of October 31, 2014. |
| 10/08/2014 | Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed) |
| 10/09/2014 | Supplemental brief of respondent Georgia filed. (Distributed) |
| 10/10/2014 | Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed) |
| 11/03/2014 | Motion for leave to file a bill of complaint GRANTED. Defendant is allowed 30 days within which to file an answer. |
| 11/19/2014 | It is ordered that Ralph I. Lancaster, Esquire, of Portland, Maine, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. |
| 11/24/2014 | Oath of Special Master filed. |
| 11/25/2014 | Order extending time to file an answer granted to and including February 2, 2015. |
| 02/12/2015 | Answer of Georgia filed with Special Master January 8, 2015, received by the Court February 12, 2015. |
| 04/14/2015 | First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 04/28/2015 | DISTRIBUTED for Conference of May 14, 2015. |
| 05/18/2015 | Motion of the Special Master for Allowance of Fees and Disbursements GRANTED The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $47,635.01 for the period November 19, 2014, through March 31, 2015, to be paid equally by the parties. |
| 09/10/2015 | Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 09/23/2015 | DISTRIBUTED for Conference of October 9, 2015. |
| 10/13/2015 | Motion of the Special Master for Allowance of Fees and Disbursements GRANTED The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $70, 245.52 for the period April 1, 2015, through August 31, 2015, to be paid equally by the parties. |
| 02/10/2016 | Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 02/24/2016 | DISTRIBUTED for Conference of March 18, 2016. |
| 03/21/2016 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $41,564.31 for the period September 1, 2015, through January 31, 2016, to be paid equally by the parties. |
| 09/13/2016 | Fourth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 10/17/2016 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $57,333, for the period February 1, 2016, through August 31, 2016, to be paid equally by the parties. |
| 01/11/2017 | Fifth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 01/25/2017 | DISTRIBUTED for Conference of February 17, 2017. |
| 02/16/2017 | Report of the Special Master received. |
| 02/21/2017 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $213,547.35 for the period September 1, 2016, through December 31, 2016, to be paid equally by the parties. |
| 03/01/2017 | Special Master Report DISTRIBUTED for Conference of March 17, 2017. |
| 03/01/2017 | Final Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 03/15/2017 | DISTRIBUTED for Conference of March 31, 2017. |
| 03/20/2017 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. |
| 04/03/2017 | Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. GRANTED, and the Special Master is awarded a total of $50,933.89, for the period January 1, 2017, through February 28, 2017, to be paid equally by the parties. |
| 04/07/2017 | Florida's April 6, 2017, request for an extension of time has been granted as follows: Exceptions to the Special Masters Report are due on or before May 31, 2017; Replies are due on or before July 31, 2017; Sur-replies are due on or before August 30, 2017. |
| 05/31/2017 | Exceptions to Report of the Special Master and Brief in Support of Exceptions filed by Florida |
| 07/31/2017 | Reply of Georgia to Florida's exceptions to the report of the Special Master filed. |
| 08/07/2017 | Brief amicus curiae of United States in support of overruling Florida's exception 2C to the Report of the Special Master filed. |
| 08/07/2017 | Brief amicus curiae of State of Colorado filed. |
| 08/07/2017 | Brief amici curiae of Atlanta Regional Commission Dekalb County, et al., filed. |
| 08/30/2017 | Florida's Sur-Reply in Support of Exceptions to Report of the Special Master filed. |
| 10/10/2017 | The Exceptions to the Special Master Report are set for oral argument in due course. |
| 10/18/2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/06/2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/17/2017 | SET FOR ARGUMENT ON Monday, January 8, 2018 |
| 01/08/2018 | Argued. For plaintiff: Gregory G. Garre, Washington, D. C. For defendant: Craig S. Primis, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/27/2018 | Case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Kagan, and Gorsuch, JJ., joined. |
| 08/09/2018 | Ralph I. Lancaster, Esquire, of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court. It is ordered that the Honorable Paul J. Kelly, Jr., of Santa Fe, New Mexico, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court. |
| 09/25/2018 | The August 9, 2018, Order in this case is amended to provide that the compensation of a legal assistant for the Special Master shall be charged against and borne by the parties in such proportion as the Court may hereafter direct. The cost of printing the Special Master’s Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court. |
| 12/05/2019 | Motion for allowance of fees and disbursements to the Special Master's assistant. |
| 12/11/2019 | Second Report of the Special Master received. |
| 01/08/2020 | DISTRIBUTED for Conference of 1/24/2020. |
| 01/27/2020 | The Second Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. The motion for allowance of fees and disbursements filed by the Special Master’s assistant is granted, and the Special Master’s assistant is awarded a total of $10,036.43, for the period November 6, 2018, through December 5, 2019, to be paid equally by the parties. |
| 02/05/2020 | Motion to extend the time to file exceptions to the report of the Special Master submitted to The Clerk. |
| 02/05/2020 | 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. |
| 04/13/2020 | Exceptions to the Second Report of the Special Master by plaintiff Florida filed. |
| 04/15/2020 | Motion for an extension of time to file amicus brief filed by National Audubon Society, Defenders of Wildlife, Florida Wildlife Federation, and Apalachicola Riverkeeper. |
| 04/19/2020 | The motion for an extension of time to file amicus brief is granted, and the time for the National Audibon Society, et. al to file an amicus brief is extended to May 4, 2020. |
| 04/20/2020 | Brief amicus curiae of Franklin County Seafood Workers Association filed. |
| 05/04/2020 | Letter from National Audubon Society, et al. filed. |
| 05/21/2020 | Motion to extend the time to file a reply from June 12, 2020 to June 26, 2020, submitted to The Clerk. |
| 05/27/2020 | Georgia's May 21, 2020, request for an extension of time has been granted as follows: Replies are due on or before June 26, 2020; Sur-replies are due on or before July 27, 2020. |
| 06/26/2020 | Reply of defendant Georgia filed. |
| 07/02/2020 | Brief amicus curiae of Atlanta Regional Commission, et al. filed. |
| 07/06/2020 | Brief amicus curiae of United States filed. |
| 07/27/2020 | Sur-Reply in Support of Exceptions to the Second Report of the Special Master by plaintiff Florida filed. |
| 10/05/2020 | The Exceptions to the Second Report of the Special Master are set for oral argument in due course. |
| 12/31/2020 | SET FOR ARGUMENT on Monday, February 22, 2021 |
| 01/22/2021 | CIRCULATED |
| 02/22/2021 | Argued. For plaintiff: Gregory G. Garre, Washington, D. C. For defendant: Craig S. Primis, Washington, D. C. |
| 04/01/2021 | Florida's exceptions to the Special Master's Report are overruled, and the case is DISMISSED. Barrett, J., delivered the opinion for a unanimous Court. |
| 06/01/2021 | The Honorable Paul J. Kelly, Jr., of Santa Fe, New Mexico, the Special Master in this case, is hereby discharged with the thanks of the Court. |