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GEORGIA v. U.S. ARMY CORPS OF ENGINEERS

No. 02-10135.

302 F.3d 1242 (2002)

The State of GEORGIA, Plaintiff-Appellee, Lake Lanier Association, Proposed Intervenor, v. The UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants, Southeastern Federal Power Customers, Inc., The State of Florida, Proposed Intervenors-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 21, 2002.

Attorney(s) appearing for the Case

James H. Curry, Autry, Horton & Cole, LLP, Tucker, GA, Donald G. Blankcnau, Fennemore Craig, PC, Lincoln, NE, Edward J. McGrath, J. Cathy Fogel, David A. Fitzgerald, Kellie A. Donnelly, Clinton A. Vince, Verner, Liipfert, Bernhard, McPherson & Hand, Sullivan & Worcester, LLP, Washington, DC, Amy Weil, Atlanta, GA, for Proposed Intervenors-Appellants.

Bruce Perrin Brown, McKenna, Long & Aldridge, LLP, Stephen E. O'Day, Smith, Gambrell & Russell, Atlanta, GA, for Plaintiff-Appellee.

Teri L. Donaldson, Tallahassee, FL, for State of Florida.

Before BARKETT and MARCUS, Circuit Judges, and HIGHSMITH, District Judge.

BARKETT, Circuit Judge:

The State of Florida and Southeastern Federal Power Customers, Inc. ("SeFPC") appeal from the denial of their motions to intervene as defendants in the State of Georgia's lawsuit against the Army Corps of Engineers (the "Corps"), which seeks to compel the Corps to increase the water supply available to the City of Atlanta from a source under the control of the Corps.

BACKGROUND

Georgia, Alabama and Florida share the water...

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