U.S. v. SOUTH FLORIDA WATER MANAGEMENT DIST.

Nos. 89-6029, 89-6269.

922 F.2d 704 (1991)

UNITED STATES of America, Plaintiff-Appellee, Florida Keys Citizen Coalition, Florida Wildlife Federation, Environmental Defense Fund, Sierra Club, National Wildlife Federation, Wilderness Society, National Parks & Conservation Association and Defenders of Wildlife, Plaintiffs-Intervenors-Appellees, Florida Audubon Society, et al., Plaintiffs-Intervenors, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, John R. Woodraska and Florida Department of Environmental Regulation, Defendants-Appellees, Dale Twachtman, Defendants, City of Belle Glade, Defendant-Intervenor, Western Palm Beach County Farm Bureau, Inc., Florida Fruit and Vegetable Association, Florida Sugar Cane League, Inc., Roth Farms, Inc., K.W.B. Farms and Beardsley Farms, Inc., Movants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, et al., Defendants, Western Palm Beach County Farm Bureau, Inc., et al., Appellants.

United States Court of Appeals, Eleventh Circuit.

January 28, 1991.


Attorney(s) appearing for the Case

William L. Earl, Peeples, Earl & Blank, P.A., Timothy H. Crutchfield, Peeples, Earl & Blank, P.A., Miami, Fla., for movants-appellants.

David J. White, Nat. Wildlife Federation, Atlanta, Ga., for Nat. Wildlife Federation.

Jerry Jackson, Skadden, Arps, Slate, Meagher & Flom, James A. Rogers, James R. Wrathall, Washington, D.C., for South Florida Water Management.

Robert G. Gough, State of Fla, Dept. of Environmental Regulation, Tallahassee, Fla., for State of Fla.

David J. White, Proenza, White, Huck & Roberts, Miami, Fla., David A. Crowley, State of Fla., Dept. of Environmental Regulation, Tallahassee, Fla., for Environmental Defense Fund, et al.

Dexter W. Lehtinen, Susan Hill Ponzoli, Asst. U.S. Atty., Miami, Fla., Ellen J. Durkee, Appellate Section, Dept. of Justice, David C. Shilton, Washington, D.C., for plaintiff-appellee.

Thomas W. Reese, St. Petersburg, Fla., for plaintiffs-intervenors.

Stanley James Brainerd, Florida Chamber of Commerce, Tallahassee, Fla., for amicus curiae, Florida Chamber of Commerce.

Robert B. Baker, Jr., Southeastern Legal Foundation, Inc., Atlanta, Ga., for amicus curiae, Southeastern Legal Foundation, Inc.

James T.B. Tripp, Environmental Defense Fund, New York City, for Environmental Defense Fund.

David Crowley, Robert G. Gough, Tallahassee, Fla., for Florida Dept. of Environmental Regulation.

Before HATCHETT and ANDERSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge:

This is an appeal by three farm corporations and three agricultural organizations (together, the "Farm Interests") of the District Court's order denying them intervention under Fed.R.Civ.P. 24(a) and (b). The Farm Interests, or their members, rely on the defendant South Florida Water Management District (the "Water District") to provide irrigation and flood control services for their crops. The Farm Interests claim to be proper parties...

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