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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      

   New pleadings and orders now available.  >> Recent Additions  new.gif (1016 bytes) 
   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       

June 24, 2008
Florida to buy Sugar Maker in bid to Restore  Everglades   new.gif (1016 bytes)

June 24, 2008
Florida to sign massive Sugar, Everglades deal   new.gif (1016 bytes)

May 29, 2008
 In Stock Plan, U.S. Sugar Employees see stacked deck    new.gif (1016 bytes)

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

 

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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).

 

 

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Credit:

Everglades photograph courtesy Philip Greenspun

 

 

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Revised:  06/29/08

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