| |
|
|
Credit:
•
Pleadings
•
Depositions
•
Hearings
•
Document Productions
back to case
matrix
|
United States
v. South Florida Water Management
District
U.S. District Court for the Southern District of Florida
Case No. 88-1886-Civ-Hoeveler
•
Appeals:
5
11th Circuit
Court No. 89-6029
5
U.S. Supreme Court No.
92-212
|
|
• Case law,
decisions
•
Press
Release - Earth Justice re: Report of
the Special Master [to the Court]. July 5, 2006
>> Read Press Release
•
Report of
the Special Master [to the Court]. July 5, 2006
>> Read Report
[1.4
mb pdf file]
•
Appendix A
of Report of the Special Master [to the Court]. July 5, 2006.
SFWMD exhibit 74 - chart - "Everglades Water Quality Projects"
>> Read Appendix
[1.0
mb pdf file]
•
Judge Moreno's 6/01/05 order requiring special master to hold a hearing on
the issue of remedies and submit a report to the court.
[pleading #1936]
>> Read order
[742
kb pdf file]
•
Judge Hoeveler's 4/27/01 order approving United States' and SFWMD's motion
to Modify Settlement Agreement entered as consent decree in Everglades
water quality case, U.S. v. SFWMD, 88-1886-Civ-Moreno.
>> Read order
[2.2mb
pdf file]
•
Modified
Settlement Agreement entered as consent decree in Everglades
water quality case, U.S. v. SFWMD, 88-1886-Civ-Moreno.
>> Read modified Agreement
[5.3mb
pdf file]
•
Judge Moreno's
10/29/03 order granting appointment of Special Master in Everglades
water quality case, U.S. v. SFWMD, 88-1886-Civ-Moreno.
>> Read order
[1mb
pdf file]
May,
2001
U.S. District Court judge Hoeveler gives the state an extended deadline until the last day of 2006
to complete the cleanup.
28 F. 3d 1563
(11th Cir. 1994, cert denied 115 S.C. 1956)
1992 consent decree affirmed remand case back to district court, conform Settlement
Agreement under new state law (EFA)
847 F. Supp 1567 (S.D. Fla 1992)
Memorandum opinion entering Settlement Agreement as Consent Decree
922
F.2d 704
Farm interests have right to intervene in
case
• News
•
Editorial: Hope for the Everglades
11-Nov-07 NY
Times
•
Congress turns back Bush's veto
09-Nov-07
NY Times
• Bush
vetoes Water Bill citing cost 03-Nov-07
NY Times
May 20, 2004
State asks U.S. to muzzle tribe's Glades complaints
The state questioned whether the complaints of the most vocal critic of
Everglades cleanup, the Miccosukee Tribe, matter -- at least in a court of law.
It's up to a judge to decide.
May
18, 2004
FEDERAL EVERGLADES CASE HEATS UP: STATUS
CONFERENCE MAY 19
Judge Moreno Schedules a Status Conference May
19th and a July 7th Evidentiary Hearing on the Miccosukee Tribe Motions to
Enforce the Settlement Agreement
September
16, 2002
FEDERAL JUDGE
TO HEAR MICCOSUKEE TRIBE'S CONCERNS
ABOUT POLLUTION OF THEIR EVERGLADES HOMELAND
ON MONDAY
back to
Case
Matrix
Litigation
Home
|
|
Litigation Summary
| Court |
|
Proceedings in Federal Court United States District Court, Southern
District of Florida |
| Style |
|
United States v. South Florida Water Management District and Florida
Department of Environmental Regulation, et al. |
| Case No |
|
88-1886-CIV-HOEVELER |
| Comments |
|
This is the seminal case that spawned all of the collateral litigation
on the Everglades. The United States sued the District and the Department alleging
that the state agencies were failing to prevent agricultural activities in the Everglades
Agricultural Area from discharging nutrient polluted waters into the Everglades. The Department filed a counterclaim against the United States alleging that its
activities were also causing pollution. The Florida Sugar Cane League and other
agricultural interests were allowed to intervene on January 28, 1991.
On July 26, 1991, the United States, the District and the Department
executed a Settlement Agreement and presented it to the federal court for approval. On
February 24, 1992, the federal court approved the Settlement Agreement. In its ruling, the
federal court also held that the United States, under the Federal National Environmental
Policy Act (NEPA), was required to complete an environmental impact statement concurrently
with the implementation of the Settlement Agreement.
|
| Status |
|
The Florida Sugar Cane League and other agricultural interests appealed
the court order approving the Settlement Agreement, which was pending as consolidated
Cases No. 92-4314 and 92-4831. The United States moved for a reconsideration as to the
narrow issue of whether the court erred in holding that the United States was required to
complete an EIS. The motion for reconsideration was denied on July 6, 1992. The United States then cross-appealed on this narrow issue. The appeals were
consolidated
|
Some text adapted with permission from D. Thompson (1993).
Credit:
Everglades photograph courtesy Philip
Greenspun |
|
|
|
Everglades Litigation Repository
(opens new window - click only if this page is not part
of a frame)
Revised:
03/15/08 |
University
of Miami School of Law Library
Everglades
Litigation Collection
1311 Miller Drive
Coral Gables, Florida 33146
(305) 284-4093 |
2003 University of Miami School of Law.
All Rights Reserved.
Requests for information
|
|
|