Press/For Immediate Release              Dexter Lehtinen 305-279-3353
Miami/August 24, 2000                                Joette Lorion

MICCOSUKEE TRIBE WINS ENVIRONMENTAL RULING IN BIG CYPRESS CASE

    Today the Miccosukee Tribe of Indians of Florida (who live in the Florida
Everglades and whose members have federally-recognized rights to customary
use and occupancy of lands and waters within the Big Cypress National
Preserve),  announced that they have won an important ruling against the
National Park Service in their long legal battle over the Big Cypress. In a
fifteen page Order, federal district court Judge Lenore Nesbitt granted the
Tribe's Partial Motion for Summary Judgement in Miccosukee Tribe  Indians of
Florida v. U.S. National Park Service, Case No. 98-521-CIV-NESBITT.  The
Court found that the Park Service is required by law to follow procedures set
forth by the National Environmental Policy Act (NEPA) and that their failure
to do so was arbitrary and capricious.  Accordingly, the District Court
enjoined the Park Service from authorizing further commercial airboat tours
in the Big Cypress National Preserve Addition  until they comply with NEPA

    According to Dexter Lehtinen, General Counsel for the Miccosukee Tribe,
"This is a victory, not only for the Tribe, but for Big Cypress against the
very agency that Congress has charged to protect it. It is also an important
ruling for those who believe that the National Environmental Policy Act
(NEPA) should be followed, especially by the National Park Service, before
major federal actions that could adversely impact the environment are taken."

    The case concerns the Big Cypress National Preserve Addition lands that
were incorporated into the Preserve by Congress in 1996.  The Tribe contended
in their lawsuit, and in their Motion for Partial Summary Judgment, that the
National Park Service violated NEPA by issuing  letters of authorization to
permit commercial airboat companies to continue their airboat operations
within the Preserve Addition without first preparing an Environmental
Assessment or Environmental Impact Statement (EIS).

    The Order by Judge Nesbitt ruling in favor of the Tribe on the NEPA issue
states "Defendants failed to take the required "hard look" at whether the
airboat tours significantly impact the environment, apparently disregarding
information on the destructive effects of the airboat tours." It further
states that, "Failure of a federal agency to file an EIS when one is required
should result in an injunction against all further activity on the project
until the agency has complied with NEPA." The Court found that "Although it
is not clear that an EIS will be required, evidence strongly suggests that
damage caused by the past four years of airboat tours and the damage that may
be caused by future airboat tours may be significant and irreversible." The
Order ends by ruling, "Therefore, the Court enjoins further airboat tours in
the Addition until such time as the Park Service completes an EIS or
determines that an EIS is not necessary."