ELR Citation: 53 ELR 20063
No(s). 20-40138 and 22-40433 (5th Cir. Apr 14, 2023)

The Fifth Circuit, 2-1, affirmed a district court ruling that denied the Sabine River Authority (SRA)-Louisiana's motion to dismiss a lawsuit concerning its release of water from a reservoir on the Sabine River between Texas and Louisiana. Property owners in both states argued that SRA-Louisiana and SRA-Texas violated the Fifth Amendment when they released water from the reservoir during a rain event and subsequently flooded the owners' properties. SRA-Louisiana moved to dismiss for lack of subject matter jurisdiction, arguing it was entitled to Eleventh Amendment sovereign immunity as an arm of the state and had not waived that immunity. The district court denied the motion, determining that SRA-Louisiana was not an arm of the state. The appellate court affirmed, finding that SRA-Louisiana's high degree of financial autonomy weighed against it being an arm of the state, and that it failed to carry its burden of establishing that the state would be liable for any judgment rendered against it.