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The Missing Link in the Water Wars: Proving Injury and Causation

On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia’s use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida...more

When Water Rights Evaporate

In August 2020, we outlined four notable interstate water rights cases before the U.S. Supreme Court that are likely to change how states use and treat water as a resource. One of those cases, Texas v. New Mexico, addresses...more

Update: Interstate Water Rights Before the Supreme Court - Mississippi v. Tennessee

In August 2020 we previewed four notable interstate water rights cases that would soon be heard by the U.S. Supreme Court. The case of Mississippi v. Tennessee is now one step closer to a decision. On 5 November, 2020, the...more

Supreme Court's 2020–2021 Preview: Interstate Water Rights

As climate change accelerates, clashes between states over water rights are heating up due to this resulting strained resource. The only court with authority to adjudicate these interstate disputes is the U.S. Supreme Court....more

SCOTUS Ruling Gives Florida Chance to Prevail in Water War Against Georgia

We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more

SCOTUS Rules United States May Pursue Its Interstate Water Compact Claims in Texas v. New Mexico and Colorado

On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more

SCOTUS Wades into Water Wars

On January 8, the Supreme Court of the United States (“SCOTUS”) heard back-to-back oral arguments in two major water rights disputes between states: Texas v. New Mexico and Colorado, and Florida v. Georgia. While the merits...more

High Court Grants Stay of Clean Power Plan

On February 9, 2016, in an historic and unprecedented decision, the U.S. Supreme Court blocked the U.S. Environmental Protection Agency (“EPA”) from implementing the Clean Power Plan (“CPP”) while the rule is challenged in...more

EPA’s Clean Power Plan: Structure, Implications for the Grid, and Next Steps

The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more

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