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MICCOSUKEE TRIBE OF INDIANS OF FLORIDA v. U.S.

No. 06-13309

516 F.3d 1235 (2008)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a federally recognized Indian Tribe, Plaintiff-Appellant, v. UNITED STATES of America, Environmental Protection Agency, Jimmy Palmer, Regional Administrator of the EPA, Region IV, Stephen L. Johnson, Acting Administrator of the EPA, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 15, 2008.

Attorney(s) appearing for the Case

Kelly Brooks Smith, Felippe Moncarz, Dexter W. Lehtinen, Lehtinen, Vargas & Riedi, PA., Miami, FL, for Plaintiff-Appellant.

Lisa A. Hirsch, Carole M. Fernandez, Anne R. Schultz, Asst. U.S. Atty., Suzan H. Ponzoli, Miami, FL, for Defendants-Appellees.

Before DUBINA and MARCUS; Circuit Judges, and PROCTOR, District Judge.

PROCTOR, District Judge:

The Miccosukee Tribe of Indians (the "Tribe") appeals from an order granting summary judgment in favor of the United States of America; the Environmental Protection Agency; Stephen L. Johnson, Administrator of the EPA; and Jimmy Palmer, Regional Administrator of EPA Region IV (collectively the "EPA") with respect to the Tribe's claims pursuant to the Freedom of Information Act ("FOIA"). The Tribe contends that the district court erred by finding...

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