Mississippi v. Tennessee
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22o143 | Oct 4, 2021 | Nov 22, 2021 | 9-0 | Roberts | OT 2021 |
Holding: The waters of the Middle Claiborne Aquifer are subject to the judicial remedy of equitable apportionment; Mississippi"s complaint is dismissed without leave to amend.
Judgment: Dismissed, 9-0, in an opinion by Chief Justice Roberts on November 22, 2021.
SCOTUSblog Coverage
- In dispute over groundwater, court tells Mississippi its equitable apportionment or nothing (Robin Craig, November 23, 2021)
- Court unanimously favors Tennessee in groundwater dispute with Mississippi (Robin Craig, November 22, 2021)
- Justices throw cold water on Mississippis claim to groundwater (Robin Craig, October 6, 2021)
- After 19 months, eight justices return to the courtroom (Amy Howe, October 4, 2021)
- In-person arguments come out of storage (Mark Walsh, October 4, 2021)
- In term-opener, justices will hear Mississippis complaint that Tennessee is stealing its groundwater (Robin Craig, October 1, 2021)
- Cases on Boston Marathon bomber, CIA secrets headline October argument calendar (Amy Howe, July 13, 2021)
- Justices add one religious-rights case to docket but turn down another (Amy Howe, July 2, 2021)
- Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
| Date | Proceedings and Orders |
|---|---|
| 06/01/2014 | Documents filed with the Special Master may be found on the Special Master's website at http://www.ca6.uscourts.gov/internet/special_master/special.htm |
| 06/06/2014 | Motion for leave to file a bill of complaint filed. |
| 07/17/2014 | Order extending time to file response to motion for leave to file a bill of complaint to and including September 5, 2014, for all respondents. |
| 09/05/2014 | Brief of respondent City of Memphis, Tennessee, and Memphis Light, Gas & Water Division in opposition filed. |
| 09/05/2014 | Brief of respondent Tennessee in opposition filed. |
| 09/24/2014 | DISTRIBUTED for Conference of October 10, 2014. |
| 09/24/2014 | Reply of petitioner Mississippi, Plaintiff filed. (Distributed) |
| 10/01/2014 | DISTRIBUTED for Conference of October 17, 2014. |
| 10/20/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/12/2015 | Brief amicus curiae of United States filed. |
| 05/22/2015 | Supplemental brief of Mississippi, Plaintiff filed. |
| 06/09/2015 | DISTRIBUTED for Conference of June 25, 2015. |
| 06/29/2015 | Motion for leave to file a bill of complaint GRANTED. Defendants are allowed 30 days within which to file an answer. |
| 07/20/2015 | The time to file an answer has been extended for all defendants to and including September 14, 2015. |
| 09/11/2015 | Answer of Defendants The City of Memphis, Tennessee, and Memphis Light, Gas & Water Division filed. |
| 09/14/2015 | Answer of Defendant State of Tennessee filed. |
| 09/16/2015 | DISTRIBUTED for Conference of October 9, 2015. |
| 11/10/2015 | It is ordered that the Honorable Eugene E. Siler, Jr., of London, Kentucky, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses shall be submitted to the Court. |
| 11/18/2015 | Oath of Special Master filed |
| 11/05/2020 | Report of the Special Master received. |
| 12/07/2020 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. |
| 01/13/2021 | Motion for an extension of time to file exceptions to the report of the Special Master filed by defendant State of Tennessee. |
| 01/19/2021 | Tennessee's January 13, 2021 motion for an extension of time has been granted as follows: Exceptions to the report of the Special Master are due on or before February 22, 2021; Replies are due on or before April 23, 2021; Sur-replies are due on or before June 7, 2021. |
| 02/22/2021 | Exceptions to Report of the Special Master filed by plaintiff Mississippi. |
| 02/22/2021 | Exceptions to Report of the Special Master filed by defendants Tennessee, et al. |
| 03/01/2021 | Brief amicus curiae of International Law Committee of the New York City Bar Assocation filed. |
| 04/23/2021 | Reply of Mississippi to defendants' exceptions to the report of the Special Master filed. |
| 04/23/2021 | Reply of Tennessee to Mississippi's exceptions to the report of the Special Master filed. |
| 04/23/2021 | Reply of the City of Memphis and Memphis Light, Water and Gas Division to Mississippi's exceptions to the report of the Special Master filed. |
| 04/29/2021 | Brief amici curiae of Colorado, et al. filed. |
| 04/30/2021 | Brief amicus curiae of the United States filed. |
| 04/30/2021 | Brief amicus curiae of Law Professors Noah D. Hall et al. filed. |
| 06/07/2021 | Sur-reply in support of exceptions to Report of the Special Master filed by defendants Tennessee, et al. |
| 06/07/2021 | Sur-reply in support of exceptions to Report of the Special Master filed by plaintiff Mississippi. |
| 06/08/2021 | DISTRIBUTED for Conference of 6/24/2021. |
| 07/01/2021 | DISTRIBUTED for Conference of 7/1/2021. |
| 07/02/2021 | The Exceptions to the Special Master Report are set for oral argument in due course. |
| 07/09/2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/03/2021 | CIRCULATED |
| 08/23/2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time allotted as follows: 30 minutes for plaintiff, 20 minutes for defendants, and 15 minutes for the Acting Solicitor General. |
| 10/04/2021 | Argued. For plaintiff: John V. Coghlan, Deputy Solicitor General, Jackson, Miss. For defendants: David C. Frederick, Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United Sates, as amicus curiae.) |
| 11/22/2021 | Exceptions to the Special Master Report overruled in part and sustained in part, and case dismissed. Roberts, C. J., delivered the opinion for a unanimous Court. |