| No. 22O142 | |
| Title: | Florida, Plaintiff v. Georgia |
| Docketed: | October 4, 2013 |
| Lower Ct: | |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 30 2013 | Documents 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 2013 | Motion for leave to file a bill of complaint filed. (Response due December 2, 2013) |
| Oct 31 2013 | Order extending time to file response to the bill of complaint to and including January 31, 2014. |
| Jan 31 2014 | Opposition to motion for leave to file a complaint of respondent Georgia filed. |
| Feb 10 2014 | Reply in support of its motion for leave to file a complaint of Florida, Plaintiff filed. |
| Feb 12 2014 | DISTRIBUTED for Conference of February 28, 2014. |
| Mar 03 2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Sep 18 2014 | Brief amicus curiae of United States filed. |
| Oct 08 2014 | DISTRIBUTED for Conference of October 31, 2014. |
| Oct 08 2014 | Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed) |
| Oct 09 2014 | Supplemental brief of respondent Georgia filed. (Distributed) |
| Oct 10 2014 | Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed) |
| Nov 03 2014 | Motion for leave to file a bill of complaint GRANTED. Defendant is allowed 30 days within which to file an answer. |
| Nov 19 2014 | It 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 2014 | Oath of Special Master filed. |
| Nov 25 2014 | Order extending time to file an answer granted to and including February 2, 2015. |
| Feb 12 2015 | Answer of Georgia filed with Special Master January 8, 2015, received by the Court February 12, 2015. |
| Apr 14 2015 | First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Apr 28 2015 | DISTRIBUTED for Conference of May 14, 2015. |
| May 18 2015 | Motion 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 2015 | Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Sep 23 2015 | DISTRIBUTED for Conference of October 9, 2015. |
| Oct 13 2015 | Motion 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 2016 | Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Feb 24 2016 | DISTRIBUTED for Conference of March 18, 2016. |
| Mar 21 2016 | The 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 2016 | Fourth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Oct 17 2016 | The 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 2017 | Fifth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Jan 25 2017 | DISTRIBUTED for Conference of February 17, 2017. |
| Feb 16 2017 | Report of the Special Master received. |
| Feb 21 2017 | The 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 2017 | Special Master Report DISTRIBUTED for Conference of March 17, 2017. |
| Mar 01 2017 | Final Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| Mar 15 2017 | DISTRIBUTED for Conference of March 31, 2017. |
| Mar 20 2017 | The 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 2017 | Motion 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 2017 | Florida'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 2017 | Exceptions to Report of the Special Master and Brief in Support of Exceptions filed by Florida |
| Jul 31 2017 | Reply of Georgia to Florida's exceptions to the report of the Special Master filed. |
| Aug 07 2017 | Brief amicus curiae of United States in support of overruling Florida's exception 2C to the Report of the Special Master filed. |
| Aug 07 2017 | Brief amicus curiae of State of Colorado filed. |
| Aug 07 2017 | Brief amici curiae of Atlanta Regional Commission Dekalb County, et al., filed. |
| Aug 30 2017 | Florida's Sur-Reply in Support of Exceptions to Report of the Special Master filed. |
| Oct 10 2017 | The Exceptions to the Special Master Report are set for oral argument in due course. |
| Oct 18 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 06 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 17 2017 | SET FOR ARGUMENT ON Monday, January 8, 2018 |
| Jan 08 2018 | Argued. 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 2018 | Case 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 2018 | Ralph 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 2018 | The 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 2019 | Motion for allowance of fees and disbursements to the Special Master's assistant. |
| Main Document | |
| Dec 11 2019 | Second Report of the Special Master received. |
| Main DocumentMain Document | |
| Jan 08 2020 | DISTRIBUTED for Conference of 1/24/2020. |
| Jan 27 2020 | The 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 2020 | Motion to extend the time to file exceptions to the report of the Special Master submitted to The Clerk. |
| Main Document | |
| Feb 05 2020 | Florida'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 2020 | Exceptions to the Second Report of the Special Master by plaintiff Florida filed. |
| Main DocumentProof of ServiceOther | |
| Apr 15 2020 | Motion 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 2020 | The 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 2020 | Brief amicus curiae of Franklin County Seafood Workers Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 04 2020 | Letter from National Audubon Society, et al. filed. |
| Main Document | |
| May 21 2020 | Motion to extend the time to file a reply from June 12, 2020 to June 26, 2020, submitted to The Clerk. |
| Main Document | |
| May 27 2020 | Georgia'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 2020 | Reply of defendant Georgia filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 02 2020 | Brief amicus curiae of Atlanta Regional Commission, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 06 2020 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| Jul 27 2020 | Sur-Reply in Support of Exceptions to the Second Report of the Special Master by plaintiff Florida filed. |
| Main DocumentOtherProof of Service | |
| Oct 05 2020 | The Exceptions to the Second Report of the Special Master are set for oral argument in due course. |
| Dec 31 2020 | SET FOR ARGUMENT on Monday, February 22, 2021 |
| Jan 22 2021 | CIRCULATED |
| Feb 22 2021 | Argued. For plaintiff: Gregory G. Garre, Washington, D. C. For defendant: Craig S. Primis, Washington, D. C. |
| Apr 01 2021 | Florida'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 2021 | The 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Plaintiff | ||
| Allen C. Winsor | Solicitor 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. Fletcher | 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 | ||
| 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 | ||