FOR IMMEDIATE RELEASE
NEWS ADVISORY
May 31, 2016
For More Information, contact:
Luther Strange
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
Page 1 of 1
ALABAMA SHARES IN TWO U.S. SUPREME COURT VICTORIES
COURT STRENGTHENS PROPERTY OWNER RIGHTS IN FEDERAL WATER DISPUTES,
UPHOLDS STATES’ RIGHTS TO ADMINISTER CRIMINAL COURTS
(MONTGOMERY) – Attorney General Luther Strange hailed victories for the State of Alabama
in two decisions released Tuesday by the U.S. Supreme Court. The High Court unanimously
ruled today in favor of strengthening private property rights in water disputes with the federal
government. In a separate case, the justices unanimously upheld the right of State criminal
courts to reject certain claims defendants previously chose not to raise on appeal.
“Alabama was on the winning side in two major cases before the U.S. Supreme Court today,”
said Attorney General Luther Strange. “Alabama led a politically diverse 24-state coalition in
an amicus brief in support of the right of States’ to administer their criminal courts. The Court’s
decision in the case Johnson v. Lee is a victory for federalism and the rule of law.”
In its unanimous per curiam decision, the Supreme Court observed, “A State’s procedural rules
are of vital importance to the orderly administration of its criminal courts; when a federal court
permits them to be readily evaded, it undermines the criminal justice system.”
Attorney General Strange also praised the Supreme Court’s decision to strengthen the rights of
property owners in water disputes with the federal government.
“The Supreme Court unanimously ruled in favor of property owners’ rights to immediately
challenge in court U.S. Army Corps of Engineers’ declarations that their property is subject to
the Clean Water Act. This property rights defense is even more important with the threat of an
expansion of federal jurisdiction under the EPA’s Waters of the U.S. rule.”
Alabama was one of 23 states to file an amicus brief in support of the right of property owners
in the case U.S. Army Corps of Engineers v. Hawkes.
In September, Alabama and 17 other states petitioned the U.S. Sixth Circuit Court of Appeals
for a nationwide stay of the EPA’s controversial Waters of the U.S. rule, which was
subsequently granted by the court on October 9. The U.S. Sixth Circuit Court is currently
hearing the nationwide challenge to the rule.
Link to amicus brief in Johnson v. Lee
Link to amicus brief in U.S. Army Corps of Engineers v. Hawkes
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.alabama.gov
