Mar 4, 2014

Georgia Governor Deal Praises Supreme Court’s Decision in the Georgia/Florida Water Wars

Georgia Governor Nathan Deal applauds the U.S. Supreme Court’s decision today to seek input from the U.S. Solicitor General Donald Verrilli before allowing Florida to move forward with its water-related lawsuit against Georgia. “Florida’s previous unsuccessful lawsuits cost both states millions of dollars and obstructed meaningful natural resource planning for more than 20 years,” Deal said. “After more than two decades, we are finally on the verge of having the U.S. Army Corps of Engineers formally update water control manuals, which will inform how best to operate the federal reservoirs to the benefit of upstream and downstream communities alike. Florida… Read more

Sep 18, 2013

Can You Arbitrate Where You Want To?

Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract.  These clauses are very common in the construction industry.  Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will be heard.  If, for example, a Georgia company enters into contracts to perform work outside of the state, it might still want its contract to include a provision indicating that all disputes relating to the contract are… Read more

Aug 15, 2013

A Sustainable Water Supply Can Change the Course of the Water War

Recent headlines* indicate that the simmering Water War between Georgia and Florida is heating up again.  Florida threatens to sue Georgia in the U.S. Supreme Court, blaming the collapse of the Apalachicola Bay oyster fishery on what it considers to be metro Atlanta’s insatiable thirst, and the resulting decrease in fresh water flow down the Chattahoochee River to the Apalachicola River and into Apalachicola Bay. Georgia asserts the right to use water that falls on Georgia and flows through Georgia, and insists that the several million people in metro Atlanta should count more than endangered mussels along the Apalachicola River… Read more