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Alabama v. Corps of Eng'rs

Citation: 35 ELR 20188
No. No. 03-16424, (11th Cir., 09/19/2005)

The court vacates a preliminary injunction granting Alabama and Florida's motion to bar the U.S. Army Corps of Engineers and Georgia from implementing a settlement agreement concerning water allocation in the Apalachicola-Chattahoochee-Flint river basin. An injunction is limited to prospective relief, but all of the harm Alabama and Florida claim has already occurred. Moreover, the settlement agreement requires the Corps to perform all of the analysis required by the National Environmental Policy Act before entering into any contracts for water supply use. Thus, the requirement that irreparable harm is threatened has not been met. Last, the preliminary injunction was based on the Corps' alleged violation of a stay order, not on the merits of the underlying case. Thus, Alabama and Florida established neither an imminent threat of irreparable harm nor a substantial likelihood of prevailing on the merits of their case.