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

No. 10-14271.

716 F.3d 535 (2013)

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a federally-recognized Indian Tribe, Plaintiff-Appellant, v. UNITED STATES of America, U.S. Army Corps of Engineers, Secretary of the Army, in his official capacity, Lt. General Robert Van Antwerp, Chief of Engineers, U.S. Army Corps of Engineers, in his official capacity, Bg. General Joseph Schroedel, Division Engineers, in his official capacity, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 15, 2013.

Attorney(s) appearing for the Case

Bernardo Roman, III , Tribal Atty. for the Miccosukee Tribe, Janice Burton Sharpstein , Jorden Burt, LLP, Miami, FL, for Plaintiff-Appellant.

Mark R. Haag , Emily S. Bair , Mark A. Brown , John Brett Grosko , Anna K. Stimmel , U.S. Dept. of Justice, App. Section, Environment and Natural Resources Div., Washington, DC, Terry M. Petrie , US-DOJ — Environmental & Natural Resources Div., Denver, CO, for Defendants-Appellees.

Before TJOFLAT and MARTIN, Circuit Judges, and DAWSON, District Judge.

TJOFLAT, Circuit Judge:

Since 1995, the Miccosukee Tribe of Indians of Florida ("Tribe" or "Miccosukee tribe") has had a running battle with the federal government over the government's management of the Central and Southern Florida Project for Flood Control ("C & SF Project") in the Everglades. This case is the most recent chapter.1 The gist of the four-count complaint the Tribe filed in...

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