State of Mississippi v. Tennessee
United States Supreme Court
595 U.S. 15 (2021)
- Written by Rich Walter, JD
Facts
The City of Memphis, Tennessee, drew its water from wells drilled straight down into a massive aquifer that underlay portions of eight states. This drilling did not cross state lines. The aquifer formed a single hydrogeological unit within which, left to itself, water slowly flowed from one location to another, eventually crossing state lines. The State of Mississippi (plaintiff) invoked the United States Supreme Court’s original jurisdiction to sue Memphis and the State of Tennessee (defendants) for unfairly siphoning aquifer water that otherwise would have long remained beneath Mississippi’s surface and available for Mississippi’s use. The Court appointed a special master, who recommended dismissing Mississippi’s claim for tort damages, and granting Mississippi leave to amend the pleadings to seek equitable apportionment of the aquifer’s waters. Mississippi excepted to the special master’s recommendation, especially as to equitable apportionment, a doctrine that the Court had never before applied to aquifer disputes and that Mississippi specifically argued was inapplicable to the case. Tennessee excepted to amending the pleadings.
Rule of Law
Issue
Holding and Reasoning (Roberts, C.J.)
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