Eleventh Circuit Denies Stay in Miccosukee v. South Florida Management District

Talk about complicated. There are two independent lawsuits captioned Miccosukee Tribe v. South Florida Water Management District. They are the so-called “S-2” case and the “S-9” case. Both involve the moving of dirty water around the Everglades, just different pipes or canals or whatever.

S-9 went to the Supreme Court a few years back (opinion). S-2 went to trial in 2006. It’s on appeal before the CA11. The S-9 district court proceedings are stayed pending that appeal. The Tribe appealed that stay order and now the Eleventh Circuit rejects the appeal — opinion.

So we’ll wait to see how the CA11 decides the S-2 case.