South Florida Water Management District v. Miccosukee Tribe
2004 United States Supreme Court case / From Wikipedia, the free encyclopedia
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South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95 (2004), was a U.S. Supreme Court case involving the application of the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act. The Supreme Court remanded the case for further determination to resolve the question over the validity of the distinction between the two bodies of water at issue (a canal and an undeveloped wetland) and the Government's broader "unitary waters" argument that all water bodies that are "navigable waters" under the Clean Water Act should be considered "unitarily" for purposes of NPDES permitting.[1]
South Florida Water Management District v. Miccosukee Tribe | |
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Argued January 14, 2004 Decided March 23, 2004 | |
Full case name | South Florida Water Management District v. Miccosukee Tribe |
Docket no. | 02-626 |
Citations | 541 U.S. 95 (more) 124 S. Ct. 1537; 158 L. Ed. 2d 264 |
Case history | |
Prior | 280 F.3d 1364 (11th Cir. 2002) |
Court membership | |
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Case opinions | |
Majority | O’Connor, joined by Rehnquist, Stevens, Kennedy, Souter, Thomas, Ginsburg, Breyer (in full); Scalia (Parts I and II–A) |
Concur/dissent | Scalia |
Laws applied | |
Clean Water Act, 33 U.S.C. § 1251 et seq. |