11th Circ. Vacates Limit On Ga.'s Reservoir Access

Law360, New York (June 29, 2011, 4:04 PM EDT) -- The Eleventh Circuit on Tuesday threw out a 2009 ruling that limited the rights of Georgia municipalities, including Atlanta, to withdraw drinking water from Lake Lanier, a reservoir created by a U.S. Army Corps of Engineers hydropower project.

The appeals court ruled that a lower court erred when it limited withdrawals to levels that had been set in the 1970s, saying that the court never had jurisdiction in the first place because the Corps didn't issue a final decision on the increased water output.

The court...
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