详情

原文传递 In The Courts

题名：	In The Courts
正文语种：	eng
摘要：	Real Property-Water. The state of Florida, as the downstream state, failed to demonstrate by clear and convincing evidence that Georgia's alleged overcon-sumption of water from interstate rivers in the Apalachicola-Chattahoochee-Flint River Basin caused serious harm either to Florida's oyster fisheries or to its river wildlife and plant life, the United States Supreme Court has held. As such, the court would not exercise its inherent authority to equitably apportion waters with-ing the basin. Writing for a unanimous court, Justice Barrett said that, while Florida had suffered an injury of serious magnitude from the collapse of the oyster population in the Apalachicola Bay, into which the Apalachicola River empties, and the resulting effects on commercial oyster sales, Florida had not shown that it was highly probable that any overcon-sumption of basin waters by Georgia had caused that collapse through increased salinity in the bay that attracted saltwa- ter oyster predators and disease. Florida's own evidence showed that it allowed unprecedented levels of oyster harvesting in the years before the collapse, while it simultaneously failed to adequately "reshell" its oyster bars to provide habitat for young oysters. Other evidence presented by Florida showed only that "increased salinity and predation contributed to the collapse, not that Georgia's overconsumption caused the increased salinity and predation." Justice Barrett further concluded that Florida had failed to show that species of fish, mussels and trees in the basin had suffered any serious injury, "let alone as a result of any overconsumption by Georgia."-State of Florida v. State of Georgia (U.S.), No. 142, April 1, 2021, Justice Barrett, 2021 WL 1215718.
出版年：	2021
期刊名称：	The Waterways Jouranl
卷：	135
期：	12