indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
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
Latest News:
Tim Giago: Remember the victims of massacre at Wounded Knee (12/22)
Native Sun News: Cheyenne River Sioux teen serves as role model (12/22)
Harlan McKosato: It's time to bring Jim Thorpe home to Oklahoma (12/22)
Rapid City police department defends fatal shooting of Native man (12/22)
Fatal Sisseton Wahpeton shootings blamed on domestic violence (12/22)
Some South Dakota tribes said to be interested in legal marijuana (12/22)
DOI orders leaders of Chippewa Cree Tribe to reinstate chairman (12/22)
Appeals court dismisses Schaghticoke Tribal Nation's land claim (12/22)
Opinion: Water deal is great for Hualapai Tribe but not for county (12/22)
Opinion: A solution for the Washington NFL team's racist mascot (12/22)
Oneida Nation plans to open $20M 'Wizard of Oz'-themed casino (12/22)
Bill to stop Tohono O'odham Nation casino fails to clear Congress (12/22)
Opinion: Tribal and state governments should get out of casinos (12/22)
Editorial: Expansion of gaming pushed as quick fix for New York (12/22)
Native Sun News: Pine Ridge's David Michaud wins fighting match (12/19)
Mark Trahant: Old school budgets a better deal for Indian Country (12/19)
Ruth Hopkins: Boycott a repeat offender of cultural appropriation (12/19)
8th Circuit sides with Omaha Tribe in reservation boundary case (12/19)
BIA finalizes rule to add Alaska tribes to land-into-trust process (12/19)
Obama signs measure to extend VAWA tribal provision to Alaska (12/19)
Wyandotte Nation set to break ground on $1.4M cultural center (12/19)
Man from Standing Rock Sioux Tribe charged for cousin's murder (12/19)
Opponents of Cowlitz Tribe plan appeal of gaming land decision (12/19)
Menominee Nation off-reservation casino supporters hold rally (12/19)
Bear River Band hires tribal member as casino general manager (12/19)
Column: Poarch Creek gaming is only thing working in Alabama (12/19)
Column: Wait for decision on Mashpee Wampanoag Tribe casino (12/19)
Native Sun News: Oglala Sioux Tribe inaugurates new leadership (12/18)
Walt Lamar: Cooperation helps address crime in Indian Country (12/18)
Brandon Ecoffey: Tournament shows hope of the Lakota people (12/18)
Editorial: Showing caution for marijuana sales in Indian Country (12/18)
Editorial: New York governor makes right call to outlaw fracking (12/18)
Fines for foes of Tohono O'odham Nation off-reservation casino (12/18)
New York passes over tribes for first commercial casino licenses (12/18)
Factions of Cayuga Nation in court over Class II gaming facility (12/18)
Deadline extended for commercial casino eyed by Quapaw Tribe (12/18)
Opinion: Another casino isn't answer to Connecticut's problems (12/18)
Native Sun News: Youth take on lead role in Dakota memorial ride (12/17)
Mark Trahant: NCAI launches new campaign against racist mascot (12/17)
Norm DeWeaver: Job market is a disaster zone in Indian Country (12/17)
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.