July 2, 2018
American College of Environmental Lawyers
On June 27, in a 5-4 decision the U.S. Supreme Court (SCOTUS or the Court) rejected the Special Master’s conclusion that the Court could provide no relief to Florida for its claims of harm from Georgia’s upstream water usage from the Flint River, ultimately affecting downstream flow in the Apalachicola-Chattahoochee-Flint River basin, a basin affected by operations of a dam and lake by the U.S. Army Corps of Engineers (Corps). SCOTUS reserved judgment on the ultimate outcome of the case and sent the case back to the Special Master for further consideration with specific direction as to the additional factual findings it considered necessary to decide this case.
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