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Case law, decisions
10/06/99
Summary Judgment excerpts
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Miccosukee Tribe
v. South Florida Water Management District
U.S. District Court for the Southern District of Florida
98-6056-Civ-Ferguson
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Appeals
5
to
11th Circuit
Court 00-15703
5 to
U.S. Supreme Court
02-626
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| Litigation Summary
| Court |
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Proceedings in Federal Court United States District Court, Southern
District of Florida |
| Style |
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| Case No |
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98-6056-CIV-FERGUSON |
| Comments |
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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.
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Revised:
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