US Supreme Court Rejects SFWMD Pollution Argument

Press/For Immediate Release
John E. Childe
Tel. (717) 520-1510
Miami/March 23, 2004
Cell (717) 649-5611

U.S. SUPREME COURT REJECTS SFWMD POLLUTION ARGUMENT

MIAMI- On March 23, 2004 the U.S. Supreme Court rejected the South Florida Water Management District's argument that they are only moving polluted water and are not the source or responsible party for purposes of the CWA, but remanded the case back to the District court for a factual determination of the "distinctiveness" between Water Conservation Area 3A and suburban Broward County.

The case, the South Florida Water Management District v. the Miccosukee Tribe of Indians, et al., involves the South Florida Water Management District's practice of pumping polluted water from urban and agricultural areas into Florida's famed River of Grass. It was brought by Friends of the Everglades, a small grassroots group founded by Marjory Stoneman Douglas, and the Miccosukee Tribe of Indians, who live in the Everglades. The suit alleges that the South Florida Water Management District, an agency of the State of Florida, is violating the federal Clean Water Act by collecting and dumping untreated run-off into the Everglades rather that treating it or enforcing pollution laws against landowners. A U.S. District Court and federal Appeals Court ruled in favor of Friends and the Tribe and the Water
Management District appealed to the U.S. Supreme Court last year. John Childe, attorney for Friends of the Everglades, said "We are grateful that the Supreme Court has determined that the Clean Water Act applies to the kinds of pumps being used by the SFWMD and welcome the opportunity to demonstrate to the Court the difference between the pristine Everglades and a man-made suburban drainage district."

Childe said that, while disappointed that we have not yet reached finality in this case and for all of the issues raised, he is confident that the US District Court will find that the Everglades are distinctive and merit the protections afforded by the CWA ."

Forty-two groups, including states, cities and Indian tribes, filed amicus briefs before the U.S. Supreme Court in support of Friends of the Everglades and the Miccosukee Tribe's position. Those groups included 14 states, two cities, four Native American coalitions, seven major national organizations, and former Environmental Protection Agency officials. Included were briefs by former EPA Administrator Carol Browner, the National Congress of American Indians, representing over 250 member tribes, and the state of New York - in contrast to the city of New York, which filed a brief support of the pollution practices.

For more information please contact:

John E. Childe, Esq.
Friends of the Everglades
606 Pine Road (305) 669-0858
Palmyra Pa, 17078
info@everglades.org
Phone: (717) 520-1510
Cell: (717) 649-5611
e-mail: childeje@aol.com