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Miccosukee Tribe of Indians of Fla. v. Corps of Eng'rs

Citation: 40 ELR 20249
No. Nos. 09-14194, -14539, (11th Cir., 09/15/2010)

The Eleventh Circuit upheld a lower court decision dismissing for lack of subject matter jurisdiction two lawsuits filed by a Native American tribe challenging the U.S. Army Corps of Engineers' plans to replace a mile of the ground-level Tamiami Trail (U.S. Highway 41) with a bridge to increase the flow of water into Everglades National Park. The tribe argued that the project violated NEPA and the ESA. But Congress inserted language in an Everglades restoration spending bill that exempts the bridge from NEPA and the ESA. Although neither statute is explicitly mentioned, the plain language of the bill makes it clear that Congress intended to relax its existing environmental statutes in order to get the bridge built as quickly as possible. The court, therefore, lacks subject matter jurisdiction.

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