ALABAMA v. U.S. ARMY CORPS OF ENGINEERS

Nos. 03-16424, 05-11123.

424 F.3d 1118 (2005)

State of ALABAMA, Plaintiff-Appellee, State of Florida, Intervenor-Plaintiff-Appellee, v. UNITED STATES ARMY CORPS OF ENGINEERS, Robert B. Keyser, Colonel, in his capacity as District Engineer, Mobile District, United States Army Corps of Engineers, Randall R. Castro, Major General, in his capacity as Division Engineer, South Atlantic Division, United States Army Corps of Engineers, Robert B. Flowers, Lt. General, in his capacity as the Chief of Engineers, United States Army Corps of Engineers, Defendants-Appellants, State of Georgia, in its individual capacity as Trustee of its natural resources and in its representative capacity as parens patriae for the citizens of the State of Georgia, Intervenor-Defendant-Appellant, Gwinnett County, Intervenor-Appellant, Atlanta Regional Commission, Intervenor-Defendant-Intervenor. Alabama, State of, Plaintiff-Appellee, Florida, State of, Intervenor-Plaintiff-Appellee, v. United States Army Corps of Engineers, Peter F. Taylor, Colonel, in his capacity as District Engineer, Mobile District, United States Army Corps of Engineers, Michael J. Walsh, Brigadier General, in his capacity as Division Engineer, South Atlantic Division, United States Army Corps of Engineers, Carl A. Strock, Lt. General, in his capacity as the Chief of Engineers, United States Army Corps of Engineers, Defendants-Appellants, Georgia, State of, in its individual capacity as Trustee of its natural resources and in its representative capacity as parens patriae for the citizens of the State of Georgia, Atlanta Regional Commission, Water Supply Intervenor, Intervenor-Defendant-Appellant, Lake Lanier Association, Intervenor-Defendant.

United States Court of Appeals, Eleventh Circuit.

September 19, 2005.


Attorney(s) appearing for the Case

Michael T. Gray, Robert H. Oakley, U.S. Dept. of Justice, Environment & Nat. Res. Div., App. Sec., Washington, DC, William Middleton Droze, Troutman Sanders, LLP, R. Todd Silliman, Bruce Perrin Brown, McKenna, Long & Aldridge, LLP, Atlanta, GA, for Defendants-Appellants.

Matthew H. Lembke, Joel M. Kuehnert, Bradley, Arant, Rose & White, LLP, Wiliam S. Cox, III, W. Larkin Radney, IV, Nikaa Baugh Jordan, Lightfoot, Franklin & White, L.L.C., Birmingham, AL, James T. Banks, Hogan & Hartson, L.L.P., Washington, DC, Christopher M. Kise, FL Sol. Gen., Jonathan Alan Glogau, Tallahassee, FL, Parker D. Thomson, Hogan & Hartson, LLP, Miami, FL, Donald G. Blankenau, Fennemore Craig, PC, Lincoln, NE, Richard Craig Kneisel, William Duncan Little, Montgomery, AL, Lauren James Caster, Fennemore Craig, P.C., Phoenix, AZ, Stephen E. O'Day, Andrew McFee Thompson, Smith, Gambrell & Russell, Atlanta, GA, for Alabama and Florida.

David Acton Fitzgerald, Edward McGrath, Clinton A. Vince, Sullivan & Worcester, LLP, Washington, DC, James H. Curry, Autry, Horton & Cole, LLP, Tucker, GA, for Amicus Curiae.

Lewis B. Jones, Patricia T. Barmeyer, Randy J. Butterfield, King & Spalding, Atlanta, GA, for Intervenor.

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


BARKETT, Circuit Judge:

These two interlocutory appeals arise out of one lawsuit pertaining to the allocation of water stored in Georgia's Lake Lanier, which is controlled by the Army Corps of Engineers ("Corps"). The dispute involves the Corps, the States of Georgia, Florida, and Alabama, which are all affected by the amount of water flowing out of Lake Lanier through the Apalachicola-Chattahoochee-Flint river basin ("ACF Basin"), and several local governmental bodies...

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