Tennessee Law Review
Document Type
Article
Abstract
The Supreme Court's decision in Mississippi v. Tennessee quietly marked a potential turning point for the once antiquated doctrine of equitable apportionment. This doctrine provides a framework for resolving disputes over the allocation of resources, usually water, that cross state boundaries, and has done so since the early 20th century. In this article, we will delve into the history of equitable apportionment, examining its evolution from 1907 to the present day. We explore the key cases that have slowly broadened the doctrine, with a particular focus on Mississippi v. Tennessee and its implications for the future of equitable apportionment. Through this analysis, we seek to provide a comprehensive understanding of the legal landscape surrounding this issue, as well as how it could become increasingly important in the next century.
The history of equitable apportionment is characterized by a steady expansion of the doctrine to resolve contemporary problems more appropriately. While the doctrine may seem antiquated, equitable apportionment could prove central to resolving the resource disputes of the future. Due to increasing population and the damaging effects of climate change, future interstate water disputes are almost a certainty. The Court took the opportunity in Mississippi v. Tennessee to reaffirm equitable apportionment and the underlying policy, while also opening the door to resolving these disputes outside of the Supreme Court.
Recommended Citation
Welsh, Jackson W.
(2023)
"Mississippi v. Tennessee,"
Tennessee Law Review: Vol. 90:
Iss.
2, Article 11.
Available at:
https://ir.law.utk.edu/tennesseelawreview/vol90/iss2/11
Publication Date
2023