Supreme Court dismisses ACF Basin case News
Supreme Court dismisses ACF Basin case

The US Supreme Court announced its ruling in Florida v. Georgia on Thursday, holding unanimously that Florida’s exceptions to the special master’s report were overruled.

The case was a dispute over the ACF Basin which provides water to both Florida and Georgia. Florida claimed that Georgia was using too much of the water which caused low flow into the Apalachicola river, damaging Florida’s river ecosystem and oyster fisheries. The case was heard before the court once in 2018 and has since gone to a Special Master who ruled that Florida had not proved via “clear and convincing evidence” that Georgia’s overuse of the water was the cause of the damage.

Justice Barrett, who authored the opinion, looked at both of Florida’s claims to see if they met the burden to find Georgia responsible. The claim about the oyster fishery collapse hinges on a multistep causal chain that claims Georgia’s overconsumption caused the levels of saltwater to rise, resulting in oysters deaths. Georgia claims the cause is simply overharvesting oysters. Barret pointed out the court does not have the scientific expertise to decide which claim is correct but states that Florida has not presented sufficient evidence to refute Georgia’s claim. In fact, Florida’s own documents and witnesses “reveal that Florida allowed unprecedented levels of oyster harvesting in the years before the collapse” and “failed to adequately reshell its oyster bars.” Further, Florida’s own witnesses do not show that it’s “highly probable” the collapse was caused by Georgia’s overconsumption.

The court also found no evidence that the river’s ecosystem had been damaged. Florida presented evidence that has no real-world value, as it never proved that the species were actively being eliminated. In fact, although Dr. Allan claimed that the population of the fat threeridge mussel was declining, Fish and Wildlife said they are stable and may increase in population. For this reason, Florida failed to prove that it was highly probable that Georgia’s overconsumption caused ecosystem damage.

The case has been dismissed.