indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Bush brief backs Fla. agency over Miccosukee Tribe
Thursday, September 11, 2003

The Bush administration asked the Supreme Court on Wednesday to overturn a victory the Miccosukee Tribe obtained as part of the $8 billion battle to clean up the Florida Everglades.

In May, the Department of Justice sided with the tribe in urging the justices not to take the case. At the time, Solicitor General Ted Olson, who handled President Bush's Florida election appeal, said in a brief that the matter was not of national significance and didn't create a conflict among the lower courts.

But now that the nation's high court has agreed to hear the dispute, Olson and other government lawyers have shifted their stance. They are not supporting the tribe's bid to stop water containing high levels of phosphorous, a dangerous pollutant, from being pumped into the Everglades.

"The Bush administration's approach would allow phosphorous pollution to poison the Everglades," said Nancy Stoner, director of the Clean Water Project at Natural Resources Defense Council in response to the brief. "[Gov.] Jeb Bush should call his brother and tell him this idea is as bad as drilling for oil off the coast of Florida."

At issue is a pumping station operated by the South Florida Water Management District, a state agency. The station discharges polluted water directly into the Miccosukee's homelands.

The tribe and a coalition of environmental groups contend that the activity violates the federal Clean Water Act. They want the district to seek a permit from the Environmental Protection Agency, a process that would allow for greater tribal and public input.

The district, in a brief submitted on Tuesday, stood firm in its opposition to the permit issue. The managers argue that they are not generating new pollution that would trigger the Clean Water Act.

That point is crucial to the government's stance in the case. Olson's brief supports the view that the pumping station itself doesn't add pollutants to the water.

The pumping station "water contains, however, higher levels of phosphorus than the waters in" the Everglades, the brief admits.

And in a position somewhat contrary to the May brief, Olson argues that the U.S. has a "substantial interest" in the case due to the $8 billion Everglades cleanup. The Bush administration, Secretary of Interior Gale Norton and the U.S. Army Corps of Engineers are big backers of the plan.

In a separate case, the tribe has challenged how the plan was developed. The 11th Circuit Court of Appeals ruled in the tribe's favor last September and said there wasn't enough tribal or public consultation.

The tribe and the environmental groups have not yet submitted their final arguments in South Florida Water Management District v. Miccosukee Tribe, No. 02-626. The brief is due by November 14.

Relevant Documents:
Department of Justice Brief In Support of South Florida Water Management District (September 10, 2003) | Department of Justice Brief In Support of Miccosukee Tribe (May 30, 2003)

Lower Court Ruling:
Miccosukee Tribe v. South Florida Water Management District, No. 00-15703 (February 1, 2002)

Relevant Documents:
Docket Sheet: No. 02-626 (Supreme Court)

Relevnat Links:
Miccosukee Tribe - http://www.miccosukee.com

Related Stories:
Fla. water managers filing brief in tribe's case (9/10)
Miccosukee Tribe challenges state on Everglades (08/08)
Supreme Court to hear Everglades cleanup case (06/27)
Supreme Court docket shaping up (06/04)
DOJ brief backs tribe in Everglades cleanup suit (6/2)
Fla. governor signs Everglades cleanup bill (05/21)
Fla. governor may not sign Everglades bill (05/14)
Judge promises to stick by Everglades agreement (05/05)
Judge to hold hearing on Everglades cleanup (5/2)
Fla. governor expected to sign new Everglades bill (5/1)
Miccosukee Tribe opposes new Everglades bill (4/29)
Jeb Bush won't seize tribe's property for now (03/25)
Gov. Bush to vote on whether to seize tribe's land (03/12)
Everglades buyout revived in spending bill (02/17)
Miccosukee Tribe's case up for Supreme Court review (02/07)
Fla. moves to condemn tribe's land (12/13)
Supreme Court Docket: 2002-2003 (12/04)
Fla. tribe fights for court oversight (09/18)
Fla. tribe wins another Everglades suit (9/5)
Corps halts Everglades restoration work (8/15)
Enviros wanted Interior role boosted(7/24)
DOI stripped of Everglades provisions (7/17)
Court blocks forced Everglades move (7/10)
Court blocks forced Everglades move (7/10)
Fla. tribe wants clean Everglades (6/24)
Miccosukee Tribe launches ad campaign (6/21)
Fla. tribe happy with court ruling (2/5)
Fla. tribe wins Everglades suit (2/4)
Fla. tribe happy with court ruling (2/5)
Fla. tribe wins Everglades suit (2/4)
Norton trying to buy mineral rights (1/17)
Who is Gale Norton? (1/14)
Bush, brother sign Everglades agreement (1/10)
Miccosukee Tribe protests water policy (11/8)
Bush promotes green self (6/5)

Copyright 2000-2003 Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Choctaw Nation Trial:
Former Choctaw Nation employee plans appeal in criminal case (11/24)
Choctaw Nation releases statement after guilty verdict in case (11/24)
Former Choctaw Nation employee found guilty after lengthy trial (11/24)
Trial on Choctaw Nation fraud winds down with final testimony (11/24)
Latest News:
Tim Giago: Cornflakes every Sunday at Indian boarding school (11/24)
Charles Trimble: A time to give thanks -- For whatever reason (11/24)
Mark Trahant: Incoming Alaska governor opens doors to tribes (11/24)
Native Sun News: Four from South Dakota win big at rodeo final (11/24)
Suzan Shown Harjo to receive Medal of Freedom at White House (11/24)
Bryan Brewer: Tribal communities need better Internet service (11/24)
Harold Monteau: Teach children about our positive tribal values (11/24)
Crystal Willcuts: Keystone XL Pipeline just makes the rich richer (11/24)
PBS: VAWA helps tribes go after non-Indian domestic offenders (11/24)
Sisseton Wahpeton Oyate in shock after shooting leaves 4 dead (11/24)
Otoe-Missouria Tribe defends online loan business amid scrutiny (11/24)
Chippewa Cree Tribe swears in chairman more than a year later (11/24)
Florida Supreme Court declines Miccosukee child custody case (11/24)
Mille Lacs Band grows economy with Oklahoma hotel purchase (11/24)
Editorial: BIA fails to resolve Cayuga Nation leadership dispute (11/24)
Faction of Chukchansi Tribe walks away from casino mediation (11/24)
Tribal casinos cancel Bill Cosby shows as allegations resurface (11/24)
Editorial: Poarch Creeks control their own destiny with gaming (11/24)
Editorial: Renew Class III gaming compact with Seminole Tribe (11/24)
Native Sun News: Oglala Sioux youth to join White House meet (11/21)
Obamas welcome youth from Standing Rock Sioux Tribe to DC (11/21)
House passes bill to address Grand Portage Band per capitas (11/21)
House Natural Resources Committee passes three tribal bills (11/21)
Chaske Spencer: Changing the narrative for our Native youth (11/21)
Winona LaDuke: No one believes in the 'black snake' pipeline (11/21)
Dina Gilio-Whitaker: Tax disparities remain in Indian Country (11/21)
ICT interview with DOI deputy secretary on Cobell buy-backs (11/21)
Oglala Sioux Tribe rounds up dogs after deadly attack on girl (11/21)
Leader of Navajo Nation signs bill for higher tax on junk food (11/21)
North Dakota tribe in negotiations for pipeline to curb flaring (11/21)
Saginaw Chippewa Tribe passes language to new generation (11/21)
Little Traverse Bay Bands swear in interim leader after recall (11/21)
Blog: Play-by-play of election controversy on Navajo Nation (11/21)
Column: Theories link Thanksgiving to 1637 Pequot massacre (11/21)
Editorial: Work with Burns Paiute Tribe on land-into-trust bid (11/21)
Ex-employee of Passamaquoddy Tribe admits to drug charge (11/21)
BIA publishes notice of Karuk Tribe Class III gaming compact (11/21)
Oklahoma reports drop in gaming exclusivity fees from tribes (11/21)
Pala Band gears up for official launch of Internet gaming site (11/21)
Native Sun News: Oglala Sioux woman shot and killed by police (11/20)
Mark Trahant: Lakota honor song wasn't out of place in Senate (11/20)
Dog attack blamed for death of eight-year-old girl at Pine Ridge (11/20)
DOI issues status report on Cobell land consolidation program (11/20)
Greg Grey Cloud explains Lakota honor song after Senate vote (11/20)
Steven Newcomb: Disestablishing the doctrines of domination (11/20)
Sen. Mark Begich: Moving forward for the first people of Alaska (11/20)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.