State v. U.S. Army Corps of Eng'rs

304 F. Supp. 3d 56
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 29, 2018
DocketCivil Action No. 17–607 (JDB)
StatusPublished
Cited by17 cases

This text of 304 F. Supp. 3d 56 (State v. U.S. Army Corps of Eng'rs) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. U.S. Army Corps of Eng'rs, 304 F. Supp. 3d 56 (D.C. Cir. 2018).

Opinion

C. Georgia v. U.S. Army Corps of Engineers (N.D. Ga. 2:01-cv-26)

Shortly after the SeFPC case was filed, Georgia requested that the Corps allocate water from Lake Lanier to meet the needs of metropolitan Atlanta through 2030. The Corps did not respond to Georgia's request, and Georgia filed suit in the Northern District of Georgia. See id. After the Corps rejected Georgia's request, Alabama intervened and moved to transfer the case to the Northern District of Alabama-where its own suit against the Corps was pending-or to have it abated. The court held that the case would be abated pending resolution of the case in the Northern *61District of Alabama. Georgia v. U.S. Army Corps of Eng'rs, 223 F.R.D. 691, 699 (N.D. Ga. 2004).

D. The Tri-State Water Rights MDL

After Florida entered the fray by filing a suit against the Corps in 2006, the Georgia Water Supply Providers filed a motion with the Judicial Panel on Multidistrict Litigation (the "MDL Panel") seeking to consolidate these cases into a single proceeding. See In re Tri-State Water Rights Litig., 481 F.Supp.2d 1351, 1352 (J.P.M.L. 2007). The MDL Panel granted the motion, finding that "the core disputes in this litigation primarily affect parties and interests located within the Eleventh Circuit." Id. at 1353. The cases were centralized in the Middle District of Florida.

E. The Eleventh Circuit's Decision

The formation of the MDL led to a landmark Eleventh Circuit decision concerning water rights in the ACF Basin. In 2011, the Eleventh Circuit held that the Corps had erred in rejecting Georgia's request on the grounds that water supply was not among the congressionally authorized uses of Lake Lanier. See Tri-State Water Rights Litig., 644 F.3d at 1192. The Eleventh Circuit held that the Corps' authority under the original authorizing statute was supplemented by the WSA, and that a combination of these and other authorities might enable the Corps to grant Georgia's request. Id. at 1192-97. The Eleventh Circuit remanded the case with detailed instructions for the Corps to reconsider Georgia's request. The Eleventh Circuit ordered the Corps to complete its analysis and release its conclusions within one year, and the court maintained jurisdiction to monitor compliance. Id. at 1200-1205.

In reaching this decision, the Eleventh Circuit considered the D.C. Circuit's earlier decision in SeFPC. The Eleventh Circuit rejected Alabama's arguments that the SeFPC decision precluded a finding by the Corps that it had authority to grant Georgia's water supply request. Id. at 1179, 1201-05. The Eleventh Circuit determined that the D.C. Circuit's decision did not have preclusive effect because, among other reasons, the question of what constitutes the appropriate measure of "operational change was not actually litigated" in SeFPC. Id. at 1203. Accordingly, the Eleventh Circuit instructed the Corps that it was not "bound by collateral estoppel ... and should make its decisions on remand based on its own reasoned analysis." Id. at 1205.

III. THE ADOPTION OF THE ACF MANUAL

Thereafter, the Corps proceeded to review Georgia's water supply request pursuant to the Eleventh Circuit's remand instructions. In June 2012, the Corps concluded that it was legally authorized to grant Georgia's water supply request. In doing so, the Corps concluded that the standard adopted by the D.C. Circuit in SeFPC was not the correct measure for determining its authority under the WSA.1 Having concluded that it was authorized to grant Georgia's request, the Corps proceeded with an environmental impact study relating to the request. On March 30, 2017, the Corps formally adopted the Final Environmental Impact Statement ("FEIS"),2 the ACF Manual, and the Water *62Supply Storage Assessment. Compl. ¶ 29.

IV. THE INSTANT LITIGATION

Alabama filed this lawsuit days after the Corps adopted the FEIS and the ACF Manual. Alabama challenges various aspects of these decisions, including the Corps' decision to allocate storage from Lake Lanier to meet water supply needs in Georgia. Id. ¶¶ 33-49. Among other things, Alabama alleges that the decision to reallocate storage from Lake Lanier "flouts the D.C. Circuit's decision in SeFPC." Id. ¶ 37. Alabama alleges that the decision will harm Alabama's citizens and a variety of local interests. Id. ¶¶ 14-17.

Georgia and the Georgia Water Supply Providers have intervened and have moved to transfer this case to the Northern District of Georgia, or alternatively to the Southern District of Alabama. See Georgia's Mot. to Transfer at 3; Georgia Water Supply Providers' Mot. to Transfer [ECF No. 27-1] at 1. The Corps filed a notice of concurrence, stating that it "supports transfer to any district in the Eleventh Circuit where venue is otherwise proper." See Corps' Notice of Concurrence [ECF No. 28] at 1. Alabama opposes transfer.

LEGAL STANDARD

As the law governing transfers explains: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Colombini v. Meink
District of Columbia, 2026
Lopez v. United States of America
District of Columbia, 2025
Lopez v. United States
D. Arizona, 2025
BDO USA, P.C. v. Rojas
S.D. New York, 2024
Agofsky v. Bureau of Prisons
District of Columbia, 2024
Hickey v. Smith
District of Columbia, 2023
Hoffler v. Kendall
District of Columbia, 2023
Yuba County Water Agency v. Sobeck
District of Columbia, 2021
Nevada Irrigation District v. Sobeck
District of Columbia, 2021
Soundexchange, Inc. v. Music Choice
District of Columbia, 2020
Mashpee Wampanoag Tribe v. Zinke
District of Columbia, 2019
Nat'l Wildlife Fed'n, Inc. v. U.S. Army Corps of Eng'rs
314 F. Supp. 3d 126 (D.C. Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
304 F. Supp. 3d 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-us-army-corps-of-engrs-cadc-2018.