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Case Summary Citation

19 F.3d 1289 (11th Cir. 2010)

Abstract

In Miccosukee I, the U.S. Army Corps of Engineers wanted to build a bridge along the Tamiani Trail that would, in effect, flood part of the reservations of the Miccosukee Tribe of Indians of Florida. The Tribe sued the Corps alleging that the construction of the bridge would violate the National Environmental Policy Act and the Federal Advisory Committee Act. The Eleventh Circuit Court of Appeals held that it lacked subject matter jurisdiction to hear the case. The court concluded that a ―notwithstanding‖ clause in a Congressional appropriations act overrode environmental procedural laws. After Miccosukee I, the tribe sued the U.S. Department of Transportation, alleging procedural violations in the construction of the bridge. Once again, the Eleventh Circuit held that it lacked subject matter jurisdiction to hear the case, because a similar ―notwithstanding‖ clause deprived the court of the discretion to curb Congress‘ intent.

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