MDL Cases (all related to ACF basin) December 6, 2007
Alabama V. Corps
Corps proposed to reallocate a large quantity of water in Lanier storage for water supply providers. Alabama sued Corps in 1990. Interveners for Plaintiff: State of Florida, City of Montgomery Water Works, Alabama Power. Interveners for Defendant: State of Georgia, ARC, LLA. This case was stayed/inactive until 2003.
Georgia V. Corps: (referred to as Ga. I)
Georgia requested increased in water supply from Corps. Corps did not respond, in 2005 after 9 months without a response from the Corps, Georgia filed suit seeking (1) an order compelling the Corps to grant its water supply request; (2) a declaration that the Corps has the authority, without additional Congressional authorization, to grant its request; (3) a declaration that the Corps is subject to state law insofar as it does not conflict with federal law and that state law mandates that the Corps grant the request; and (4) a declaration that, if applicable federal law prohibits the Corps from granting Georgia's request, then such federal law is unconstitutional on its face or as applied by the Corps.[2] Georgia characterizes the central issue of this case as a determination of the Corps' obligations to Georgia regarding Lake Lanier and the Buford Project under federal and state law. The abatement of this case was just lifted last week. ARC, LLA intervened as Plaintiffs. The district court denied Florida’s motion to intervene on the ground that Florida has no legal interest in the subject matter of the litigation. It found that the controversy between Georgia and the Corps involves only an intrastate allocation of water, and that the disposition of the case would not impair Florida's ability to protect its interests
Georgia V. Corps: (filed in 2006: referred to as Ga. II)
Georgia said the Corps’ Interim Operating Plan (IOP) was inadequate to protect water supply. LLA is not currently an intervener/party. In order to intervene, LLA would have to file Motion to Intervene and a Complaint stating what we would like the Court to grant.
Florida V. Corps: ( filed in 2006)
Florida sued Corps to maintain water flow, citing the Endangered Species Act. Georgia and ARC intervened as Defendants. Alabama intervened as Plaintiff. LLA is not currently an intervener/party. In order to intervene, LLA would have to file Motion to Intervene and would have to file Answers to existing Complaints by the Plaintiffs stating why we disagree with the Plaintiffs position.
Columbus v. Corps: (filed in 2007)
Columbus (against the wishes of the State of Georgia) stated that the State of Georgia could not sufficiently represent their interest sued Corps over insufficient water flow. LLA is not currently an intervener/party. In order to intervene, LLA would have to file Motion to Intervene and would have to file Answers to existing Complaints by the Plaintiffs stating why we disagree with the Plaintiffs position.
Note: The “DC” Case (SouthEastern Federal Power Customers, Inc. V. Corps.) concerning Settlement Agreements (to maintain water storage in lake) was filed in December 2000 and decision rendered on 1/3/03. Florida has appealed this decision and it is currently under review by a panel of judges. Georgia, ARC, Gwinnett County, Gainesville, Cobb Water, Dekalb County, Alabama and Florida all intervened.