Alabama v. United States Army Corps of Engineers

The Georgia Parties,1 Gwinnett County, Georgia, and the United States Army Corps of Engineers (“the Corps”) appeal from the Middle District of Florida’s grant of summary judgment in this consolidated suit. The appeal arises from more than 20 years of litigation involving the above parties as well as the States of Alabama and Florida, Alabama Power Company, the City of Apalachicola, Florida, and Southeastern Federal Power Customers, Inc. (“SeFPC”), a consortium of companies that purchase power from the federal government. All of the underlying cases2 relate to the Corps’ authority to operate…