SCOTUS Skeptical of Mississippi Claims in Water Dispute (1)

Oct. 4, 2021, 4:09 PM UTCUpdated: Oct. 4, 2021, 5:31 PM UTC

Supreme Court justices on Monday cast doubt on Mississippi’s claim for damages in a closely watched dispute with profound implications for how states manage natural resources nationwide.

The outcome in Mississippi v. Tennessee could lead the high court to include interstate groundwater in equitable apportionment—the standard process by which it divvies up shared water resources—or trigger more fights among states over groundwater ownership.

The justices questioned whether the dispute may be better left to interstate compacts or Congress to resolve instead of wading into common interstate water disputes.

The case involves one state reaching across another state’s border and encroaching ...

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