Courthouse Steps Decision Teleforum: Florida v. Georgia

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On April 1, the Supreme Court ruled on an original jurisdiction dispute in Florida v. Georgia.  Justice Barrett authored the Court's unanimous decision, holding that Florida did not prove by clear and convincing evidence that the collapse of Florida’s downstream oyster fisheries was caused by Georgia’s alleged overconsumption of water from the Apalachicola-Chattahoochee-Flint River Basin.  The Court found that other factors besides Georgia’s upstream water consumption contributed to the collapse including overharvesting, a severe drought, and changing rainfall, so Florida could not successfully establish causation.  Ultimately, the Court agreed with the report of the Special Master and took his recommendation to dismiss the case. 


Tony Francois, Senior Attorney, Pacific Legal Foundation 


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