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MICCOSUKEE TRIBE OF INDIANS v. STATE

No. 94-1722.

656 So.2d 505 (1995)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, The Friends of the Everglades, the Florida Keys Fishing Guides Association, Fishermen Against Destruction of the Environment, Clean Water Action, Florida Chapter of the Sierra Club, and Florida Audobon Society, Appellants, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION and Environmental Regulation Commission, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 19, 1995.

Attorney(s) appearing for the Case

Lehtinen, O'Donnell, Malman, Cortinas, Vargas & Reiner and Sonia Escobio O'Donnell, Miami, for appellants.

Kenneth J. Plante, Lee M. Killinger and Jennifer L. Mason, Tallahassee, for appellees.

Before BARKDULL, JORGENSON and GODERICH, JJ.

PER CURIAM.

The Miccosukee Tribe of Indians of Florida and other plaintiffs [collectively referred to as Miccosukees], appeal from an order entered by the Department of Environmental Protection [Department] summarily denying their petition for rulemaking. We reverse.

The Miccosukees filed a petition for rulemaking with the Department, pursuant to section 120.54(5), Florida Statutes (1993), requesting that the Environmental Regulation Commission [Commission...

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