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09/17/99
EPA year long review determines Florida's 1994 Everglades Forever Act is in compliance with federal water pollution law. This allows the state to comply with December 2006 deadline for achieving a five-fold reduction of phosphorus flowing into the Everglades from the EAA.
© 1999 Miami Herald. Go to article.

02/10/97
105 F.3d 599 (11th Cir. 1997)
..the existence of CWA citizen suit jurisdiction depended on whether the EFA comprised new or revised state water quality standards. Because the district court failed to make this determination, we reverse the district court's dismissal for lack of subject matter jurisdiction and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED.   Go to opinion.

Analysis of 105 F.3d 599 (11th Cir. 1997)
W. Scott Laseter
Mercer Law Review, 1998; Vol. 49, No. 4

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Miccosukee
v. United States

United States Court of Appeals
Eleventh Circuit

Case No. 95-5080

Appeal from
U.S. District court, 95-0533-CIV-EBD

Litigation Summary

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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. 02/10/97.

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Everglades photograph courtesy Philip Greenspun

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