indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Sovereignty and E-Commerce:  Innovating and Reshaping the  Borders of Indian Country - Arizona State University Third Annual Tribal Government E-Commerce CLE Conference
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News Today: More tribal citizens sign up for Medicaid (12/9)
Elizabeth Cook-Lynn: Maybe we can learn from our tragic history (12/9)
Mike Myers: What Trump's election means for indigenous nations (12/9)
Bureau of Indian Affairs opens door to big shift in tribal economies (12/8)
Tribes promise fight against Dakota Access ahead of court hearing (12/8)
Tribes bringing #NoDAPL battle to international human rights forum (12/8)
Dakota Access Pipeline disputes small fine for disturbing tribal site (12/8)
Harold Frazier: 'Wopila tanka' to all the #NoDAPL water protectors (12/8)
Native Sun News Today: Temporary win on Dakota Access Pipeline (12/8)
Lakota Country Times: Arrests made in fatal Pine Ridge shootings (12/8)
Native Sun News Today Editorial: A bumpy ride with Donald Trump (12/8)
Delphine Red Shirt: We must step up and take care of our children (12/8)
James Giago Davies: Obama could have stopped #NoDAPL abuses (12/8)
Steven Newcomb: 'Unjust' war against #NoDAPL water protectors (12/8)
Keweenaw Bay Indian Community starts work on casino upgrades (12/8)
Seminole Tribe still shares gaming revenue despite lack of compact (12/8)
Chukchansi Tribe finally distributes $1.4M in overdue gaming funds (12/8)
Tribal sovereignty foe slated to join Donald Trump's administration (12/7)
Rep. Markwayne Mullin denies speculation of 'privatizing' tribal land (12/7)
Sen. Barrasso passing on gavel at Senate Indian Affairs Committee (12/7)
North Dakota county wants 'Sheriff Kirchmeier' account off Twitter (12/7)
Indian Health Service plans to award $1.4M in Native youth grants (12/7)
Rosalyn R. LaPier: How Standing Rock became a site of pilgrimage (12/7)
Lakota Country Times: North Dakota county sheriff hit with lawsuit (12/7)
Vi Waln: The #NoDAPL movement reminds them we are still here (12/7)
Native Sun News Today: Lakota artist designs 'Water is Life' tipi (12/7)
Ivan Star Comes Out: The lust for oil and the #NoDAPL movement (12/7)
Common Dreams: Veterans ask for forgiveness at Standing Rock (12/7)
Tiffany Midge: Don't shame Standing Rock Sioux Tribe for pipeline (12/7)
Editorial: A 'false victory' on the Dakota Access Pipeline easement (12/7)
Nick Zaiac: Let tribes decide what to do with their own homelands (12/7)
Redding Rancheria 'excited' about bid to move casino to new site (12/7)
Aquinnah Wampanoag Tribe defends right to use land for gaming (12/7)
Dakota Access resumes push to complete final portion of pipeline (12/6)
Dave Archambault: It's time for water protectors to return home (12/6)
Kirk Francis: Tribes must remain vigilant despite #NoDAPL victory (12/6)
Tracy Loeffelholz Dunn: Numbers behind Standing Rock's victory (12/6)
Supreme Court schedules oral argument in tribal immunity case (12/6)
Congress passes long-awaited land bills for two tribes in Oregon (12/6)
USDA awards first $10M loan to help consolidate Indian land base (12/6)
Native Sun News Today: Lone Indian Republican wins in Montana (12/6)
Lakota Country Times: New rule curbs waste of tribal resources (12/6)
Clara Caufield: Indian Country in good hands with young leaders (12/6)
Non-Indian gaming firm fighting Wilton Rancheria casino project (12/6)
Chukchansi Tribe casino dispute leads to lawsuits in federal court (12/6)
Indian Country cheers historic decision on Dakota Access Pipeline (12/5)
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.