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US SUPREME COURT HELPS EVERGLADES

Very few places in the US are as rich in fish and wildlife as the Florida Everglades.  The vast stretches of wetlands, lakes and streams that make up the Everglades provide abundant habitat for species like the American crocodile, the great blue heron, the Florida Panther, and the manatee.  The one thing these species depend on most is clean water.

The growth of urban areas around the Everglades has resulted in large-scale water pollution.  Pesticides and fertilizers from agriculture, stormwater discharge, and run-off from streets end up in waterways throughout the Everglades, endangering wildlife and public health.  The South Florida Water Management District had been pumping huge amounts of stormwater from a developed area into a natural wetland in the Everglades.  The stormwater contains phosphorus, which causes algal blooms, as well as heavy metals and other pollutants.  The water district claimed it did not need a Clean Water Act permit because it was merely “moving” pollutants from one place to another, not creating them.

The Miccosukee Tribe, along with Earthjustice and a coalition of environmental groups, sued the water district for violating the Clean Water Act.  Although two lower courts agreed with their position, the water district appealed the ruling all the way up to the Supreme Court.  In March 2004, the Surpreme Court finally heard the case and, in a major environmental victory, ruled in favor of the Miccosukee Tribe.  The court agreed that the pumps required Clean Water Act permits even if they were merely transporting the pollution.  The Supreme Court’s decision will benefit not only the Everglades, but waterways across the nation.

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