SOUTH FLORIDA WATER MANAGEMENT DISTRICT
v.
MICCOSUKEE TRIBE OF INDIANS ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 14, 2004.
Decided March 23, 2004.
Attorney(s) appearing for the Case
Timothy S. Bishop argued the cause for petitioner. With him on the briefs were Sheryl Grimm Wood and James E. Nutt.
Jeffrey P. Minear argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Sansonetti, Deputy Solicitor General Hungar, Deputy Assistant Attorney General Clark, James C. Kilbourne, Ellen Durkee, and Sylvia Quast.
Dexter W. Lehtinen argued the cause for respondents. With him on the brief for respondent Miccosukee Tribe of Indians were Juan M. Vargas, Claudio Riedi, Sonia Escobio O'Donnell, Richard J. Ovelmen, and Dionè C. Carroll. John E. Childe filed a brief for respondent Friends of the Everglades.*
O'CONNOR, J., delivered the opinion of the Court, Parts I and II-A of which were unanimous, and Parts II-B and II-C of which were joined by REHNQUIST, C. J., and STEVENS, KENNEDY, SOUTER, THOMAS, GINSBURG, and BREYER, JJ. SCALIA, J., filed an opinion concurring in part and dissenting in part, p. 112.
Supreme Court of United States.
JUSTICE O'CONNOR delivered the opinion of the Court.
Petitioner South Florida Water Management District operates a pumping facility that transfers water from a canal into a reservoir a short distance away. Respondents Miccosukee Tribe of Indians and the Friends of the Everglades brought a citizen suit under the Clean Water Act contending that the pumping facility is required to obtain...
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