Declaratory and Injunctive Relief – Damages

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United States Supreme Court

Case Name: State of Mississippi v. Tennessee, City of Memphis, et al.,

Case No.: No. 143

Focus: Declaratory and Injunctive Relief – Damages

The City of Memphis sits on the banks of the Mississippi River in the southwest corner of Tennessee. Arkansas marks the City’s western border, and Mississippi its southern. Hundreds of feet beneath Memphis lies one of the City’s most valuable resources: the Middle Claiborne Aquifer. Workers discovered the aquifer in 1886 while drilling a well for the Bohlen-Huse Ice Company. Ever since, water pumped from the aquifer has provided Memphis with an abundant supply of clean, affordable drinking water.

The Middle Claiborne Aquifer underlies other States too, including Mississippi. This case began in 2014 when Mississippi invoked our original jurisdiction and sought leave to file a bill of complaint against Tennessee. Mississippi alleges that Tennessee’s pumping has taken hundreds of billions of gallons of water that were once located beneath Mississippi. It seeks at least $615 million in damages, as well as declaratory and injunctive relief. We granted Mississippi leave to file its complaint and appointed a Special Master to oversee proceedings. The Special Master has now issued his report, which recommends that this Court dismiss Mississippi’s complaint with leave to amend. Both Mississippi and Tennessee have filed exceptions.

Exceptions overruled in part and sustained in part, and case dismissed. Dissenting:

Concurring:

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Derek A Hawkins is Corporate Counsel, at Salesforce.