The dry Rio Grande riverbed is seen from the air, July 26, 2022, in Albuquerque, N.M.
Justice Jackson cited a 1986 decision concluding that parties who agree to a litigation settlement “may not dispose of the claims of a third party.” Mike Hamman, New Mexico state engineer, expressed frustration with the decision, which returns the issue to U.S. Circuit Judge Michael Melloy, the special master.
The decision saw Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh, part of the court’s conservative wing, join liberal Justices Jackson, Elena Kagan and Sonia Sotomayor.
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