No. 22O142
Title:Florida, Plaintiff
v.
Georgia
Docketed:October 4, 2013
Lower Ct:
   Case Numbers:
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Sep 30 2013Documents filed with the Special Master may be found on the Special Master's website at https://www.ca10.uscourts.gov/special-master-142
Oct 01 2013Motion for leave to file a bill of complaint filed. (Response due December 2, 2013)
Oct 31 2013Order extending time to file response to the bill of complaint to and including January 31, 2014.
Jan 31 2014Opposition to motion for leave to file a complaint of respondent Georgia filed.
Feb 10 2014Reply in support of its motion for leave to file a complaint of Florida, Plaintiff filed.
Feb 12 2014DISTRIBUTED for Conference of February 28, 2014.
Mar 03 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 18 2014Brief amicus curiae of United States filed.
Oct 08 2014DISTRIBUTED for Conference of October 31, 2014.
Oct 08 2014Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed)
Oct 09 2014Supplemental brief of respondent Georgia filed. (Distributed)
Oct 10 2014Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed)
Nov 03 2014Motion for leave to file a bill of complaint GRANTED. Defendant is allowed 30 days within which to file an answer.
Nov 19 2014It is ordered that Ralph I. Lancaster, Esquire, of Portland, Maine, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.
Nov 24 2014Oath of Special Master filed.
Nov 25 2014Order extending time to file an answer granted to and including February 2, 2015.
Feb 12 2015Answer of Georgia filed with Special Master January 8, 2015, received by the Court February 12, 2015.
Apr 14 2015First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Apr 28 2015DISTRIBUTED for Conference of May 14, 2015.
May 18 2015Motion of the Special Master for Allowance of Fees and Disbursements GRANTED The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $47,635.01 for the period November 19, 2014, through March 31, 2015, to be paid equally by the parties.
Sep 10 2015Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Sep 23 2015DISTRIBUTED for Conference of October 9, 2015.
Oct 13 2015Motion of the Special Master for Allowance of Fees and Disbursements GRANTED The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $70, 245.52 for the period April 1, 2015, through August 31, 2015, to be paid equally by the parties.
Feb 10 2016Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Feb 24 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $41,564.31 for the period September 1, 2015, through January 31, 2016, to be paid equally by the parties.
Sep 13 2016Fourth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Oct 17 2016The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $57,333, for the period February 1, 2016, through August 31, 2016, to be paid equally by the parties.
Jan 11 2017Fifth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Jan 25 2017DISTRIBUTED for Conference of February 17, 2017.
Feb 16 2017Report of the Special Master received.
Feb 21 2017The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $213,547.35 for the period September 1, 2016, through December 31, 2016, to be paid equally by the parties.
Mar 01 2017Special Master Report DISTRIBUTED for Conference of March 17, 2017.
Mar 01 2017Final Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Mar 15 2017DISTRIBUTED for Conference of March 31, 2017.
Mar 20 2017The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Apr 03 2017Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. GRANTED, and the Special Master is awarded a total of $50,933.89, for the period January 1, 2017, through February 28, 2017, to be paid equally by the parties.
Apr 07 2017Florida's April 6, 2017, request for an extension of time has been granted as follows: Exceptions to the Special Masters Report are due on or before May 31, 2017; Replies are due on or before July 31, 2017; Sur-replies are due on or before August 30, 2017.
May 31 2017Exceptions to Report of the Special Master and Brief in Support of Exceptions filed by Florida
Jul 31 2017Reply of Georgia to Florida's exceptions to the report of the Special Master filed.
Aug 07 2017Brief amicus curiae of United States in support of overruling Florida's exception 2C to the Report of the Special Master filed.
Aug 07 2017Brief amicus curiae of State of Colorado filed.
Aug 07 2017Brief amici curiae of Atlanta Regional Commission Dekalb County, et al., filed.
Aug 30 2017Florida's Sur-Reply in Support of Exceptions to Report of the Special Master filed.
Oct 10 2017The Exceptions to the Special Master Report are set for oral argument in due course.
Oct 18 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 06 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 17 2017SET FOR ARGUMENT ON Monday, January 8, 2018
Jan 08 2018Argued. For plaintiff: Gregory G. Garre, Washington, D. C. For defendant: Craig S. Primis, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 27 2018Case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Kagan, and Gorsuch, JJ., joined.
Aug 09 2018Ralph I. Lancaster, Esquire, of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court. It is ordered that the Honorable Paul J. Kelly, Jr., of Santa Fe, New Mexico, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Sep 25 2018The August 9, 2018, Order in this case is amended to provide that the compensation of a legal assistant for the Special Master shall be charged against and borne by the parties in such proportion as the Court may hereafter direct. The cost of printing the Special Master’s Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Dec 05 2019Motion for allowance of fees and disbursements to the Special Master's assistant.
Main Document
Dec 11 2019Second Report of the Special Master received.
Main DocumentMain Document
Jan 08 2020DISTRIBUTED for Conference of 1/24/2020.
Jan 27 2020The Second Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. The motion for allowance of fees and disbursements filed by the Special Master’s assistant is granted, and the Special Master’s assistant is awarded a total of $10,036.43, for the period November 6, 2018, through December 5, 2019, to be paid equally by the parties.
Feb 05 2020Motion to extend the time to file exceptions to the report of the Special Master submitted to The Clerk.
Main Document
Feb 05 2020Florida's February 5, 2020, request for an extension of time has been granted as follows: Exceptions to the Special Master's Report are due on or before April 13, 2020; Replies are due on or before June 12, 2020; Sur-replies are due on or before July 13, 2020.
Apr 13 2020Exceptions to the Second Report of the Special Master by plaintiff Florida filed.
Main DocumentProof of ServiceOther
Apr 15 2020Motion for an extension of time to file amicus brief filed by National Audubon Society, Defenders of Wildlife, Florida Wildlife Federation, and Apalachicola Riverkeeper.
Main Document
Apr 19 2020The motion for an extension of time to file amicus brief is granted, and the time for the National Audibon Society, et. al to file an amicus brief is extended to May 4, 2020.
Apr 20 2020Brief amicus curiae of Franklin County Seafood Workers Association filed.
Main DocumentCertificate of Word CountProof of Service
May 04 2020Letter from National Audubon Society, et al. filed.
Main Document
May 21 2020Motion to extend the time to file a reply from June 12, 2020 to June 26, 2020, submitted to The Clerk.
Main Document
May 27 2020Georgia's May 21, 2020, request for an extension of time has been granted as follows: Replies are due on or before June 26, 2020; Sur-replies are due on or before July 27, 2020.
Jun 26 2020Reply of defendant Georgia filed.
Main DocumentCertificate of Word CountProof of Service
Jul 02 2020Brief amicus curiae of Atlanta Regional Commission, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jul 06 2020Brief amicus curiae of United States filed.
Main DocumentProof of Service
Jul 27 2020Sur-Reply in Support of Exceptions to the Second Report of the Special Master by plaintiff Florida filed.
Main DocumentOtherProof of Service
Oct 05 2020The Exceptions to the Second Report of the Special Master are set for oral argument in due course.
Dec 31 2020SET FOR ARGUMENT on Monday, February 22, 2021
Jan 22 2021CIRCULATED
Feb 22 2021Argued. For plaintiff: Gregory G. Garre, Washington, D. C. For defendant: Craig S. Primis, Washington, D. C.
Apr 01 2021Florida's exceptions to the Special Master's Report are overruled, and the case is DISMISSED. Barrett, J., delivered the opinion for a unanimous Court.
Jun 01 2021The Honorable Paul J. Kelly, Jr., of Santa Fe, New Mexico, the Special Master in this case, is hereby discharged with the thanks of the Court.

NAMEADDRESSPHONE
Attorneys for Plaintiff
Allen C. WinsorSolicitor General
Office of the Attorney General
The Capitol, PL-01
Tallahassee, FL 32399-1050

allen.winsor@myfloridalegal.com
(850) 414-3600
Party name: Florida, Plaintiff
Gregory George Garre
    Counsel of Record
Latham & Watkins LLP
555 11th Street, NW
Suite 1000
Washington, DC 20004

gregory.garre@lw.com
(202) 637-2207
Party name: Florida
Attorneys for Respondent
Craig S Primis
    Counsel of Record
Kirkland & Ellis, LLP
655 Fifteenth Street, NW
Washington, DC 20005

cprimis@kirkland.com
202-879-5000
Party name: Georgia
Other
Paul J. Kelly Jr.
    Counsel of Record
United States Circuit Judge
P.O. Box 10113
Santa Fe, NM 87504

Party name: Special Master
Scott Steinbrecher
    Counsel of Record
Colorado Department of Law
Assistant Solicitor General
1300 Broadway, 7th floor
Denver, CO 80203

scott.steinbrecher@coag.gov
720 508 6287
Party name: Colorado
Donald B. Verrilli Jr.Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
(202) 514-2217
Party name: United States
Brian H. FletcherActing Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Chilton Davis Varner
    Counsel of Record
King & Spalding LLP
1180 Peachtree St., Ne
Atlanta, GA 30309

cvarner@kslaw.com
4045724600
Party name: Atlanta Regional Commission Dekalb County, et al.,
Deborah A. Sivas
    Counsel of Record
Stanford Law School Enviromental Law Clinic
559 Nathan Abbott Way
Stanford, CA 94305-8610

dsivas@stanford.edu
650-724-1900
Party name: National Audubon Society, Defenders of Wildlife, Florida Wildlife Federation, and Apalachicola Riverkeeper
Lisa Schiavo Blatt
    Counsel of Record
Williams & Connolly LLP
725 12th Street, NW
Washington, DC 20005

lblatt@wc.com
202-434-5050
Party name: Franklin County Seafood Workers Association
Lewis Bondurant Jones
    Counsel of Record
King & Spalding LLP
1180 Peachtree St., N.E.
Atlanta, GA 30309

lbjones@kslaw.com
4045722742
Party name: Atlanta Regional Commission, et al.
Brian H. Fletcher
    Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States