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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 it’s 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 Mississippi’s claim to groundwater (Robin Craig, October 6, 2021)
- In-person arguments come out of storage (Mark Walsh, October 4, 2021)
- After 19 months, eight justices return to the courtroom (Amy Howe, October 4, 2021)
- In term-opener, justices will hear Mississippi’s 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 |
|---|---|
| Jun 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 |
| Jun 06 2014 | Motion for leave to file a bill of complaint filed. |
| Jul 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. |
| Sep 05 2014 | Brief of respondent City of Memphis, Tennessee, and Memphis Light, Gas & Water Division in opposition filed. |
| Sep 05 2014 | Brief of respondent Tennessee in opposition filed. |
| Sep 24 2014 | DISTRIBUTED for Conference of October 10, 2014. |
| Sep 24 2014 | Reply of petitioner Mississippi, Plaintiff filed. (Distributed) |
| Oct 01 2014 | DISTRIBUTED for Conference of October 17, 2014. |
| Oct 20 2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 12 2015 | Brief amicus curiae of United States filed. |
| May 22 2015 | Supplemental brief of Mississippi, Plaintiff filed. |
| Jun 09 2015 | DISTRIBUTED for Conference of June 25, 2015. |
| Jun 29 2015 | Motion for leave to file a bill of complaint GRANTED. Defendants are allowed 30 days within which to file an answer. |
| Jul 20 2015 | The time to file an answer has been extended for all defendants to and including September 14, 2015. |
| Sep 11 2015 | Answer of Defendants The City of Memphis, Tennessee, and Memphis Light, Gas & Water Division filed. |
| Sep 14 2015 | Answer of Defendant State of Tennessee filed. |
| Sep 16 2015 | DISTRIBUTED for Conference of October 9, 2015. |
| Nov 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. |
| Nov 18 2015 | Oath of Special Master filed |
| Nov 05 2020 | Report of the Special Master received. |
| Dec 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. |
| Jan 13 2021 | Motion for an extension of time to file exceptions to the report of the Special Master filed by defendant State of Tennessee. |
| Jan 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. |
| Feb 22 2021 | Exceptions to Report of the Special Master filed by plaintiff Mississippi. |
| Feb 22 2021 | Exceptions to Report of the Special Master filed by defendants Tennessee, et al. |
| Mar 01 2021 | Brief amicus curiae of International Law Committee of the New York City Bar Assocation filed. |
| Apr 23 2021 | Reply of Mississippi to defendants' exceptions to the report of the Special Master filed. |
| Apr 23 2021 | Reply of Tennessee to Mississippi's exceptions to the report of the Special Master filed. |
| Apr 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. |
| Apr 29 2021 | Brief amici curiae of Colorado, et al. filed. |
| Apr 30 2021 | Brief amicus curiae of the United States filed. |
| Apr 30 2021 | Brief amicus curiae of Law Professors Noah D. Hall et al. filed. |
| Jun 07 2021 | Sur-reply in support of exceptions to Report of the Special Master filed by defendants Tennessee, et al. |
| Jun 07 2021 | Sur-reply in support of exceptions to Report of the Special Master filed by plaintiff Mississippi. |
| Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Jul 02 2021 | The Exceptions to the Special Master Report are set for oral argument in due course. |
| Jul 09 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 03 2021 | CIRCULATED |
| Aug 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. |
| Oct 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.) |
| Nov 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. |
