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MICCOSUKEE TRIBE OF INDIANS OF FLA. v. U.S., E.P.A.

No. 95-5080.

105 F.3d 599 (1997)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a federally recognized Indian Tribe, Plaintiff-Appellant, v. UNITED STATES of America, ENVIRONMENTAL PROTECTION AGENCY, Carol Browner, Administrator of the Environmental Protection Agency, John Hankinson, Jr., EPA, Regional Administrator for Region IV, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 10, 1997.

Attorney(s) appearing for the Case

Sonia Escobio O'Donnell, Lehtinen, O'Donnell, Vargas & Reiner, Miami, FL, for Plaintiff-Appellant.

David C. Shilton, Ellen J. Durkee, Keith E. Saxe, United States Department of Justice, Environment & Natural Resources, Washington, DC, for Defendants-Appellees.

Before HATCHETT, Chief Judge, DUBINA, Circuit Judge, and COHILL, Senior District Judge.

HATCHETT, Chief Judge:

Appellant, Miccosukee Tribe of Indians of Florida (the Tribe), filed a complaint under the citizen suit provision of the Clean Water Act (CWA), 33 U.S.C. § 1365(a), against the United States Environmental Protection Agency (EPA), the Administrator of the EPA (the Administrator), and other agency officials. The Tribe alleged that the Administrator failed to comply with its duties under the CWA and to find Florida's water quality standards...

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