Florida v. Georgia

Florida failed to establish that Georgia’s overconsumption of interstate waters was either a substantial factor contributing to, or the sole cause of, Florida’s injuries. Justice Amy Coney Barrett authored the opinion on behalf of the unanimous Court.  To succeed on its claim, Florida must show by the heightened “clear and convincing evidence” that the harm it suffered—collapse of its oyster fisheries—was caused by Georgia’s overconsumption. The record evidence establishes at most that increased salinity and predation contributed to the collapse of Florida’s fisheries, not that Georgia’s overconsumption caused the increased salinity and predation. Thus, Florida failed to meet its burden of persuasion, so its exceptions to the findings of the Special Master’s report are overruled, and the case is dismissed.