Court Orders

Credit:	Everglades Litigation Documents Jurisdiction • Federal Court Orders • State Court Orders
Court orders, case law
Federal Court Orders United States Supreme Court • 11-Oct-99 U.S. Supreme Court rules SFWMD did not discriminate against Miccosukee Tribe in 1995 flooding suit Go to 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. United States Court of Appeals for the Eleventh Circuit • 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. • 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 United States District Court • 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 State Court Orders Florida District Court of Appeal • 12-Nov-98 Miccosukee v. SFWMD Fl. 3rd DCA case no. 98-1254 721 So.2d 389 Court affirms DEP's order granting permit Western Palm Beach County Farm Bureau v. U.S., 115 S.Ct. 1956 (1995). Miccosukee Tribe v. Florida Department of Environmental Protection, 677 So.2d 110 (Fla. 4^th DCA 1996). When Florida DEP rejected the Miccosukee Tribe’s initial petition for rulemaking, the Florida’s Fourth District Court of Appeal reversed the Florida DEP decision. In Miccosukee Tribe v. Florida Department of Environmental Protection, 656 So.2d 505 (Fla. 3^rd DCA 1995), the court concluded that only the Environmental Regulation Commission had the authority to review the Tribe’s petition, based on sec. 403.804, Fla. Stat. which grants the ERC the exclusive standard setting authority of the Florida DEP. In a subsequent decision, however, the same court ignored the Tribe’s demands for immediate rulemaking; instead acknowledging the EFA, and the Florida DEP assertions that rulemaking was proceeding expeditiously with rule development in accordance with the EFA timelines. Miccosukee Tribe v. Florida Department of Environmental Protection, 677 So.2d 110 (Fla. 4^th DCA 1996). Initially, the case was dismissed by the U.S. District Court based on representations by the U.S. EPA that the EFA did not change water quality standards. Miccosukee Tribe v. U.S., Case No. 95-0533-CIV-DAVIS (July 26, 1995). On appeal, the case was remanded to the lower court for further fact-finding proceedings. Miccosukee Tribe v. U.S., 105 F.3d 599 (11^th Cir. 1997). U.S. Environmental Protection Agency, “Determination Concerning the Everglades Forever Act,” (January 30, 1998) p.10-14, 29. Miccosukee Tribe v. U.S., Case No. 95-0533-CIV-DAVIS (Omnibus order, September 11, 1998). Initiative Petition Filed With Secretary of State of Florida (March 26, 1996) Barley et. al. v. South Florida Water Management District, Case No. CI 97-10228 (Fla. 9^th Cir., 1998). Barley et. al. v. South Florida Water Management District, Case No. CI 97-10228, Order Granting Dependant’s Motion for Judgment on the Pleadings (Fla. 9^th Cir., October 22, 1998). Barley v. South Florida Water Management District, Fla. 5^th DCA, Case No. 5D98-3178 (August 25, 2000). Water Resources Development Act of 1992, Pub. L. No. 102-580, § 309(1); Water Resources Development Act of 1996, Pub. L. No. 104-303, § 528. Fla. Stat. ch. 373 (1999); 1949 Laws of Florida ch. 25270 (1949) (creating the Central and Southern Florida Flood Control District, the predecessor agency to the South Florida Water Management District). Flood Control Act, 33 U.S.C. §701 National Environmental Policy Act, 42 U.S.C. §4331 In 1999, the Florida Legislature passed a landmark piece of legislation (the CERP Act), authorizing the Water Management District to serve as local sponsor to the proposed Everglades restoration efforts 1999 Fla. Laws ch. 143 (1999) (codified at Fla. Stat. §§373.026 and 373.1501 (1999). U.S. v. South Florida Water Management District, Case No. 88-1886-CIV-HOEVELER (Joint Motion of the United States of America, The South Florida Water Management District, the Florida Department of Environmental Protection for Approval of Modifications to the Settlement Agreement Entered as Consent Decree, June 16, 1995). U.S. v. South Florida Water Management District, Case No. 88-1886-CIV-HOEVELER (Miccosukee Tribe of Indians Motion to Invalidate the Everglades Forever Act (EFA), §373.4592, Fla. Stat. as an Unconstitutional Impairment of Contract, August 8, 1995). U.S. v. South Florida Water Management District, Case No. 88-1886-CIV-HOEVELER (Order Denying Motion to Invalidate the Everglades Forever Act, October 13, 1998). In this order, Judge Hoeveler made four important rulings: (1) the Tribe, as an intervenor, was not part of any contractual relationship regarding the Settlement Agreement and therefore lacked standing to raise the argument; (2) even if a contractual relationship existed, the EFA was not intended to impair the agreement; and (3) there were legitimate public purposes in enacting the EFA, which provides a funding mechanism for Everglades restoration; and (4) the enactment of the EFA was reasonable, and constituted a broad and far-reaching effort to solve problems on a larger scale than encompassed by the Consent Decree. Miccosukee Tribe of Indians and Friends of the Everglades v. South Florida Water Management District and Florida Department of Environmental Protection, DOAH Case No. 96-3151, ER FALR 98:119 (Florida Department of Environmental Protection Final Order, April 20, 1998). The Governor's Commission for the Everglades succeeded "The Governor's Commission for a Sustainable South Florida" which Commission was created by the late Governor Lawton Chiles in 1994 and operated until June, 1999. See,< http://fcn.state.fl.us/everglades/gcssf/gcssf.html > Credit: Everglades photograph from litigation collection