The Miccosukee Tribe, environmentalists and the state of Florida all found something positive in Tuesday's U.S. Supreme Court ruling in a battle over the Everglades.
The tribe and environmentalists were pleased the high court rejected a Florida water district's claim that it was not creating new pollution. But the water district was pleased that a lower court ruling requiring a permit under the Clean Water Act was set aside.
By a 8-1 vote, the high court vacated an 11th Circuit Court of Appeals decision favoring the permit and remanded the case. Justice Antonin Scalia filed a dissent, saying he would have upheld the decision altogether.
The tribe and the water district are optimistic once the case returns to the 11th Circuit.
"I don't see how we could lose," a tribal attorney was quoted as saying. "Now we get the opportunity to go into the lower court and prove our case," said the water district's lawyer.
Get the Story:
Glades pumping-station case sent back to court in Miami (The Miami Herald 3/24)
High court ruling in Everglades case pleases both sides
(The Palm Beach Post 3/24)
Supreme Court dodges major ruling in Everglades pollution case (AP 3/24)
Get the Decision:
Syllabus |
Opinion [O'Connor] |
Other [Scalia]
Relevant Links:
Miccosukee Tribe - http://www.miccosukeetribe.com
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Wednesday, March 24, 2004
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