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

No. 08-10799.

566 F.3d 1257 (2009)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a federally-recognized Indian tribe, Plaintiff-Appellant, v. UNITED STATES of America, U.S. Fish and Wildlife Service, et al., Defendants-Appellees, Natural Resources Defense Council, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 5, 2009.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, Felippe Moncarz, Kelly Brooks Smith, Lehtinen, Vargas & Reidel, P.A., Miami, FL, for Plaintiff-Appellant.

Mark R. Haag, U.S. Dept. of Justice, ENRD, Washington, DC, Robert A. Bourque, Kyle A. Lonergan, James G. Gamble, Simpson, Thacher & Bartlett, LLP, Bradford H. Sewell, Natural Resources Defense Council, New York City, for Appellees.

Before TJOFLAT and CARNES, Circuit Judges, and BOWEN, District Judge.

CARNES, Circuit Judge:

For centuries, a broad, shallow sheet of fresh water that covered most of South Florida flowed south from Lake Okeechobee to the Florida Bay. This phenomenon was the "river of grass" or Everglades, which supported unique and fragile flora and fauna. As so often happens with natural treasures, people sought to control and manipulate the Everglades for their own ends. After the State of Florida's efforts to tame the Everglades failed, in 1948...

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