MICCOSUKEE TRIBE OF INDIANS v. SOUTHERN EVERGLADES

No. 01-16226.

304 F.3d 1076 (2002)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a federally-recognized Indian tribe, Plaintiff-Appellant, v. SOUTHERN EVERGLADES RESTORATION ALLIANCE, Lewis Hornung, in his official capacity as executive director of the Southern Everglades Restoration Alliance, United States of America, U.S. Department of the Interior, National Park Service, Everglades National Park, Richard G. Ring, in his official capacity as Superintendent of Everglades National Park, United States Fish & Wildlife Service, Steven Forsythe, in his official capacity as State Supervisor of Department of the Interior Fish and Wildlife Service, The United States Army Corps of Engineers, James G. May, Colonel, in his official capacity as District Engineer for the U.S. Army Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 4, 2002.


Attorney(s) appearing for the Case

Dexter W. Lehtinen, Kelly S. Brooks, Lehtinen, Vargas & Reiner, Miami, FL, for Plaintiff-Appellant.

James Edward Nutt, South Florida Water Management Dist., West Palm Beach, FL, Ara B. Gershengorn, Mark B. Stern, Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, Anne R. Schultz, Miami, FL, for Defendants-Appellees.

Before CARNES and HILL, Circuit Judges, and DUPLANTIER, District Judge.


CARNES, Circuit Judge:

The Miccosukee Tribe is a federally recognized Indian Tribe whose members reside and work within the Florida Everglades. The Southern Everglades Restoration Alliance (SERA) is a group organized and funded at least in part by certain federal agencies to assist themselves and other agencies in developing strategies for implementing restoration projects in the Everglades. The Tribe believes that the advice...

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