indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Tribes discuss water concerns at conference (8/1)
Puyallup fashion designer survives 2nd week on Project Runway (8/1)
Report shows dip in Indian Country detention center population (8/1)
House committee passes bill to protect Gun Lake Tribe's casino (8/1)
George Rivera: Pojoaque Pueblo contributes to state with casino (8/1)
Ted Nugent: Media to blame for tribes canceling casino concerts (8/1)
Chippewa Cree Tribe takes Original American Foundation money (8/1)
Cayuga Nation welcomes 2nd Circuit decision in foreclosure suit (8/1)
Senate Indian Affairs Committee supports bills for Nevada tribes (8/1)
Support grows for trail to recognize forced march of Ponca Tribe (8/1)
Leadership flap in Cheyenne and Arapaho Tribes appears settled (8/1)
Canada posts reports of salaries earned by First Nations leaders (8/1)
Montana to open satellite voting office on Blackfeet Reservation (8/1)
BIA officer involved in fatal shooting on Wind River Reservation (8/1)
Editorial: BIA fails to explain need for federal recognition reform (8/1)
Rep. Young apologizes for grabbing arm of Congressional staffer (8/1)
Chumash Tribe dispels drought concerns amid casino expansion (8/1)
Lawmakers ask DOJ to back bill to reverse online gaming opinion (8/1)
Native Sun News: Lawmakers seek distribution of Cobell checks (7/31)
2nd Circuit protects Cayuga Nation from foreclosure proceeding (7/31)
Senate Indian Affairs Committee passes seven bills at meeting (7/31)
David Wilkins: Finding some common ground on disenrollments (7/31)
Erik Stegman: Racist mascots continue to hurt our Native youth (7/31)
Tribes participate in 400-mile journey from Colorado to Arizona (7/31)
Sen. Tester questions void in leadership at IHS regional offices (7/31)
Matika Wilbur continues photo trip throughout Indian Country (7/31)
Proposed bill targets 'halfbreed' and 'breed' names in Montana (7/31)
Saginaw Chippewa Tribe records high levels of bacteria in river (7/31)
KUOW: Tightening the screws on tribal payday loan operations (7/31)
Notah Begay to be inducted into Stanford Athletics Hall of Fame (7/31)
St. Regis Mohawk Tribe fires police chief following investigation (7/31)
Opinion: Native Americans shackled in poverty by federal policy (7/31)
Fact Checker: Three Pinocchios for Washington team's new site (7/31)
Column: Revisiting Johnny Cash's classic Indian rights recording (7/31)
Column: Sen. McCain breaks promise on Tohono O'odham casino (7/31)
Survey shows support for smoke-free tribal casinos in Wisconsin (7/31)
Prairie Island Tribe arrests woman for possessing meth at casino (7/31)
Chumash Tribe hosts public meeting on $160M casino expansion (7/31)
Crews stop spread of fires that came near Barona Band's casino (7/31)
Native Sun News: Website tracks missing and murdered women (7/30)
Native Sun News: AmeriCorps expands efforts in Indian Country (7/30)
House Natural Resources Committee markup on four tribal bills (7/30)
Mark Begich: A permanent fix for tribal contract support costs (7/30)
Paul Moorehead: Let's get back to promoting self-government (7/30)
Tanya Lee: Violence against Native women a national disgrace (7/30)
Rep. Markwayne Mullin named one of 50 Most Beautiful on Hill (7/30)
Tribes criticize veto provisions in BIA federal recognition rule (7/30)
Great Plains tribes hold conference to safeguard water rights (7/30)
Yurok Tribe wraps up marijuana raids with nearly 13K plants (7/30)
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.