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Southeastern Fed. Power Customers, Inc. v. Green

ELR Citation: 38 ELR 20042
Nos. Nos. 06-5080, -5081, (D.C. Cir., 02/05/2008) rev'd

The D.C. Circuit invalidated a court-approved settlement agreement between the U.S. Army Corps of Engineers (the Coirps), the state of Georgia, and a group of Georgia water supply providers concerning the allocation of water from the Lake Lanier Reservoir. Alabama and Florida, which also use water from the reservoir, challenged the district court's approval of the agreement. Under the Water Supply Act, the Corps must obtain prior congressional approval before undertaking major operational changes. The agreement reallocates more than 20% of Lake Lanier's storage capacity to local consumption uses. Because this constitutes a major operational change and because no congressional authorization has been obtained, the district court's approval was reversed.

[A prior decision in this litigation can be found at 35 ELR 20052.]