Case Law, Decisions
4-September-2002
MICCOSUKEE TRIBE WINS 11TH CIRCUIT COURT OF
APPEALS' DECISION
AGAINST THE FEDERAL GOVERNMENT
Today the Miccosukee Tribe of Indians, who
live in the Florida Everglades, announced that they have won an important victory for
both the Everglades and open government. The 11th Circuit Court of
Appeals has ruled in favor of the Tribe in a case concerning the Federal Advisory
Committee Act (FACA). In a September 4, 2002, opinion in case No.
01-16626, the
Court reversed and remanded a federal district court decision that
dismissed the Tribe's lawsuit concerning the federal government's establishment
of the Southern Everglades Restoration Alliance (SERA) as an advisory
committee on important Everglades restoration issues. The Tribe alleged in its lawsuit that the
federal government used SERA as an advisory committee without complying with the requirements of
the Federal Advisory Committee Act (FACA), such as holding publicly notice
meetings. The Tribe claims the government's use of this committee without
complying with FACA resulted in closed door changes to Congressionally
authorized Everglades restoration projects that delayed their implementation and
continue to cause harm to vast areas of Tribal Everglades.
Read more....
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decision
Press/ For Immediate Release
Dexter Lehtinen (305) 279-1166
Miami/September 5, 2002
Joette Lorion
01-Feb-02
Miccosukee
v. SFWMD, U.S. Ct. of Appeals, 11th Circuit, case
no. 00-15703
11th
circuit decision
The Miccosukee Tribe of
Indians ("the Tribe") and the Friends of the
Everglades ("the Friends") (together
"Plaintiffs") brought a citizen
suit under the Clean Water Act ("CWA")
against the South Florida Water Management District
("the Water District"). The suit alleges that
the Water District was violating the Clean Water Act by
discharging pollutants from the S-9 pump station into
Water Management District 3A without a national pollution
discharge elimination system ("NPDES") permit.
The parties filed
cross-motions for summary judgment. The district court
denied the Water District's motion, granted Plaintiffs',
and enjoined the Water District from operating the S-9
pump station without an NPDES permit. The Water District
appeals from the district court's order
declaring unlawful the Water District's operation of the
S-9 pump station without an NPDES permit and from the
injunction prohibiting the same.
Instead of issuing an
injunction which cannot be rightly enforced, the district
court should order the Water District to obtain an NPDES
permit within some reasonable period. And, if the Water
District fails to comply with this order, Plaintiffs may
then seek to enforce the order through the various
enforcement mechanisms available under the CWA, such as
fines and criminal penalties. See
33 U.S.C. § 1319.
For the foregoing reasons,
we AFFIRM the district court's judgment that the Water
District violated the Clean Water Act, VACATE the judgment
awarding the injunction, and REMAND for further
proceedings consistent with this opinion.
AFFIRMED in part, VACATED
in part, and REMANDED.
May-01
U.S. v. SFWMD
U.S. Dist. Ct., S.D. of Florida, case no. 88-1886-CIV-Hoeveler
U.S. District Court judge Hoeveler gives the state an extended deadline
until the last day of 2006
to complete the cleanup.
11-Oct-99
U.S. SUPREME COURT RULES SFWMD DID NOT DISCRIMINATE AGAINST MICCOSUKEE TRIBE IN
1995 FLOODING SUIT
Go to SFWMD press release
By refusing to hear an appeal in a 1995 suit by the Miccosukee Tribe of
Indians of Florida alleging intentional flooding of tribal lands following Tropical Storm
Gordon in 1994, the U.S. Supreme Court last week upheld two earlier court rulings in favor
of the South Florida Water Management District and the federal government. The
Miccosukee suit claimed the District and federal government discriminated against the
tribe by failing to provide adequate flood control, thus violating the tribe members'
rights to enjoy their tribal lands and freely practice their religion. During the fall of
1994, Water Conservation Area 3A in Broward and Miami-Dade counties, where the tribe lives
in three different areas, experienced its highest water levels since 1947.
06-Oct-99
Summary Judgment
excerpts
Miccosukee v. SFWMD,
U.S. Dist. Ct., S.D. of Florida, case no. 98-6056
MICCOSUKEE TRIBE WINS CLEAN WATER ACT RULING IN FEDERAL COURT
Judge Says SFWMD Needs Permit for Polluted Water Entering Everglades from S-9 Pump
Today, the Miccosukee Tribe of Indians announced that Federal District Court Judge Wilkie
D. Ferguson ruled in their favor when he granted the Tribe's Motion for Summary Judgment
in Case No. 98-6056-CIV-FERGUSON. The Order supports the claim the Tribe made in the 1997
lawsuit filed against the South Florida Water Management District (SFWMD) and its
Executive Director that polluted water from urban Broward County is being backpumped into
the
Everglades through the S-9 pump.
17-Sep-99
Citation
Miccosukee v. U.S., EPA, U.S. Ct. of Appeals, 11th Circuit, case
no. 95-5080
EPA year long review determines Florida's 1994 Everglades Forever Act is in
compliance with federal
water pollution law. © 1999 Miami Herald.
Go
to article.
12-Nov-98
721 So.2d 389
Miccosukee v. SFWMD, Fl. 3rd DCA case no. 98-1254
Court affirms DEP's order granting permit
11-Sep-98
1998 U.S. Dist
15838
Miccosukee v. United States, USDC case no. 95-0533-CIV-DAVIS
Court finds Everglades Forever Act constitutes change in state water quality
standards; remands to EPA
11-Mar-98
6 F. Supp. 2d 1346
Miccosukee v. United States, USDC case no. 94-0662-CIV-HOEVELER
Court grants defendants' motion to dismiss
10-Feb-97
105
F.3d 599 (11th Cir. 1997)
Miccosukee
v. US, U.S. Ct. of Appeals, 11th Circuit, case
no. 95-5080
Appellant,
Miccosukee Tribe of Indians of Florida (the Tribe), filed
a complaint
under the citizen suit provision of the Clean Water Act (CWA),
33 U.S.C. § 1365(a), against the United States
Environmental Protection Agency (EPA), the Administrator
of the EPA (the Administrator), and other agency
officials. The Tribe alleged that the Administrator failed
to comply with its duties under the CWA and to find
Florida's water quality standards violated the
antidegradation requirements of the CWA, 33 U.S.C. §
1313(d)(4)(B). The district court, finding the
Administrator had no mandatory duty to act, dismissed the
Tribe's complaint for lack of subject matter jurisdiction.
We reverse.
Revised: 09/22/03
