ELR Citation: ELR 20052
No(s). 04-5143 (D.C. Cir. Mar 4, 2005)

The D.C. Circuit affirmed the dismissal of Alabama's and Florida's challenge to a settlement agreement between the U.S. Army Corps of Engineers, Georgia, various state and municipal water authorities, and a nonprofit utility association concerning water rights associated with the Buford Dam, located north of Atlanta, Georgia. The lower court erred in dismissing the appeal as moot because the order approving the settlement agreement was conditional. It did not constitute a final order. But since there is no final order approving the settlement, the appeals should be dismissed for lack of jurisdiction.