Docket No.: 02-626 Topics:
Certiorari Granted: Jun 27 2003
Argued: January 14, 2004
Decided: March 23, 2004
Federal Water Pollution Control (Clean Water), plus amendments, Economic Activity, Natural Resources, Bureau of Land Management, Clean Water, Clean Water Act, EPA, Environmental Protection Agency, Indians, patent
PartyNames: South Florida Water Management District v. Miccosukee Tribe of Indians, et al.
Petitioner: South Florida Water Management District
Respondent: Miccosukee Tribe of Indians, et al.
Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: CA 11, 280 F.3d 1364. QUESTIONS PRESENTED The South Florida Water Management District (SFWMD) is the governmental agencythat manages an extensive system of lev ees and canals throughout populous south Florida and the Everglades region. For decades it has pumped public waters toprevent catastrophic flooding and allocate water supply. For thirty years, the federal and state agencies responsible for the Clean Water Act's National Pollutant Discharge Elimination System (NPDES) program have considered the SFWMD's movement of water to fall outside the scope of the federal NPDES permit programbecause nothing is "added" to the naviga ble waters from the pumps. The Eleventh
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