South Florida Water Management District v. Miccosukee Tribe of Indians
United States Supreme Court
541 U.S. 95, reh'g denied, 541 U.S. 1057 (2004)
- Written by Craig Conway, LLM
Facts
South Florida Water Management District (the District) (defendant) operated a water pumping facility [S-9] near the Everglades that transferred water from a canal [C-11] into a nearby reservoir [WCA-3]. The Miccosukee Tribe of Indians and the Friends of the Everglades (plaintiffs) filed suit under the Clean Water Act (CWA) claiming that the operation of the facility required a permit issued under the National Pollutant Discharge Elimination System (NPDES). The district court agreed and granted summary judgment in favor of plaintiffs. The court of appeals affirmed. The U.S. Supreme Court granted certiorari to review. The federal government submitted a brief as amicus curiae.
Rule of Law
Issue
Holding and Reasoning (O’Connor, J.)
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