Eleventh Circuit Rules against Miccosukee Tribe in Dispute over Everglades Flood Control

Here is the opinion in Miccosukee Tribe of Indians v. United States. An excerpt:

Since 1995, the Miccosukee Tribe of Indians of Florida (“Tribe” or “Miccosukee tribe”) has had a running battle with the federal government over the government’s management of the Central and Southern Florida Project for Flood Control (“C&SF Project”) in the Everglades. This case is the most recent chapter. The gist of the four-count complaint the Tribe filed in this case is that the project diverts excessive flood waters over tribal lands—in part to protect other land owners whose properties are located within the project. The District Court dismissed three of the complaint’s counts for failure to state a claim for relief and the fourth on summary judgment. The Tribe appeals these decisions. We affirm.

Here are the briefs:

Miccosukee Initial Brief

Appellee Brief

Miccosukee Reply

US Supplemental Letter Oct 2011

US Supplemental Letter Sept 2012


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.