United States DC Circuit

In case involving state requirements for water stored in federal reservoir, order approving settlement agreement involving the Lake Lanier reservoir in Georgia is reversed as the agreement's reallocation of Lake Lanier's storage space constitutes a major operational change on its face and has not been authorized by Congress as required by the Water Supply Act.

Appellate Information

• Argued 11/16/2007
• Decided 02/05/2008
• Published 02/05/2008

Judges

• Before:  ROGERS and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Parker D. Thomson argued the cause for appellant State of Florida. Matthew H. Lembke argued the cause for appellant State of Alabama.   With them on the briefs were Bill McCollum, Attorney General, Attorney General's Office of the State of Florida, Jonathan A. Glogau, Chief, Complex Litigation, James T. Banks, William S. Cox, III, W. Larkin Radney, IV, and Scott B. Smith.  R. Craig Kneisel, Christopher M. Kise, Donald G. Blankenau, H. Christopher Bartolomucci, and Lauren J. Caster, entered appearances., Deborah M. Murray was on the brief for amici curiae Alabama Rivers Alliance, et al. in support of appellants.  Mary M. Asbill entered, an appearance.


• For Appellees:
  
• Michael T. Gray, Attorney, U.S. Department of Justice, argued the cause for federal appellee.  Bruce P. Brown argued the cause for appellees State of Georgia, et al.  Clinton A. Vince argued the cause for appellee Southeastern Federal Power Customers, Inc. With them on the brief were Robert H. Oakley, Attorney, U.S. Department of Justice, Thurbert E. Baker, Attorney General, Attorney General's Office for the State of Georgia, R. Todd Silliman, William M. Droze, J. Cathy Fogel, David A. Fitzgerald, Patricia T. Barmeyer, and Lewis B. Jones.  Orlando E. Vidal, Philip D. Bartz, and Charles A. Zdebski, entered appearances., Susan N. Kelly, Wallace F. Tillman, and Mary Ann Ralls were on the brief for amici curiae American Public Power Association and National Rural Electric Cooperative Association in support of appellees.