[142-orig] Florida v. Georgia

Florida v. Georgia

Wikipedia · Justia (with opinion) · Docket · oyez.org

Argued on Feb 22, 2021.
Decided on Apr 1, 2021.

Petitioner: Florida.
Respondent: Georgia.

Advocates:

• Gregory G. Garre (for the Plaintiff)
• Craig S. Primis (for the Defendant)

Facts of the case (from oyez.org)

This is an ongoing case of original jurisdiction, the facts of which are explained here. In sum, the case involves a water-rights dispute between Georgia and Florida over the waters of the Apalachicola-Chattahoochee-Flint River Basin.

Question

Is Florida is entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region?

Conclusion

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. Justice Amy Coney Barrett authored the opinion on behalf of the unanimous Court. 

To succeed on its claim, Florida must show by the heightened “clear and convincing evidence” that the harm it suffered—collapse of its oyster fisheries—was caused by Georgia’s overconsumption. The record evidence establishes at most that increased salinity and predation contributed to the collapse of Florida’s fisheries, not that Georgia’s overconsumption caused the increased salinity and predation. Thus, Florida failed to meet its burden of persuasion, so its exceptions to the findings of the Special Master’s report are overruled, and the case is dismissed.