• 11-Oct-99
U.S. Supreme Court rules SFWMD did not discriminate against
Miccosukee Tribe in 1995 flooding suit
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.
• 5-Sept-02
Miccosukee v.
SERA
U.S. Ct. of Appeals, 11th Circuit, case
no. 01-16226
Citation, September 4,
2002 decision
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.
•
Feb-02
Miccosukee v.
SFWMD
U.S. Ct. of Appeals, 11th Circuit, case
no. 00-15703
Citation, Feb 2002,
decision
Court
AFFIRMS the district court's judgment that
the Water District violated the Clean Water Act, VACATE the judgment
awarding the injunction, and REMANDS for further proceedings consistent
with this opinion.
•
17-Sept-99
Miccosukee v. U.S., EPA
U.S. Ct. of Appeals, 11th Circuit, case
no. 95-5080
Citation, © 1999 Miami Herald. Go
to article
EPA year long review determines Florida's 1994 Everglades Forever Act is in
compliance with federal
water pollution law.
•
10-Feb-97
Miccosukee
v. US
U.S. Ct. of Appeals, 11th Circuit, case
no. 95-5080
105
F.3d 599 (11th Cir. 1997)
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.
•
23-Aug-94
U.S. v. SFWMD
U.S. Ct. of Appeals, 11th
Circuit, case no.
92-4314, 92-4831
28 F.3d 1563
(11th Cir. 1994, cert denied 115 S.C.
1956)
1992 consent decree in 88-1886-CIV-HOEVELER
case is affirmed, remand that case back to district court, conform
Settlement Agreement under new state law (EFA)
Judge Dryer
•
28-Jan-91
U.S. v. SFWMD
U.S. Ct. of Appeals, 11th Circuit, case no. 89-6029,
89-6269
922
F.2d 704
Farm interests have right to intervene in
88-1886-CIV-HOEVELER case
•
May,
2001
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.
•
6-Oct-99
Miccosukee v. SFWMD
U.S. Dist. Ct., S.D. of Florida, case no. 98-6056
Summary Judgment
excerpts
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.
• 11-Sept-98
Miccosukee v. United States,
U.S. Dist. Ct., S.D. of Florida, case no. 95-0533-CIV-DAVIS
1998 U.S. Dist
15838
Court finds Everglades Forever Act constitutes change in state water quality
standards; remands to EPA
• 11-Mar-98
Miccosukee v. United States, USDC case no. 94-0662-CIV-HOEVELER
6 F. Supp. 2d 1346
Court grants defendants' motion to dismiss
• 24-Feb-92
U.S. v. SFWMD
U.S. Dist. Ct., S.D. of Florida, case no. 88-1886-CIV-Hoeveler
847 F. Supp 1567 (S.D. Fla 1992)
Memorandum Opinion and Order Entering
Settlement Agreement as Consent Decree
Judge Hoeveler
United States Supreme Court