Friends of the Everglades v. So. Fla. Water Mgmt.

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

FILED

U.S. COURT OF APPEALS

No. 07-13829 ELEVENTH CIRCUIT MAY 07, 2010 JOHN LEY

CLERK

D. C. Docket No. 02-80309 CV-CMA

FRIENDS OF THE EVERGLADES, FLORIDA WILDLIFE FEDERATION,

Plaintiffs- Counter-Defendants- Appellees Cross-Appellants,

FISHERMEN AGAINST DESTRUCTION OF THE ENVIRONMENT,

Plaintiff- Counter-Defendant Appellee,

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA,

Intervenor-Plaintiff- Counter-Defendant- Appellee Cross-Appellant,

versus

SOUTH FLORIDA WATER MANAGEMENT DISTRICT,

Defendant- Counter-Claimant- Cross-Appellee,

CAROL WEHLE, Executive Director,

Defendant- Appellant,

UNITED STATES OF AMERICA, U.S. SUGAR CORPORATION,

Intervenor-Defendants- Appellants.

Appeal from the United States District Court for the Southern District of Florida

Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, and MARTIN, Circuit Judges.

BY THE COURT:

The Court having been polled at the request of one of the members of the

Court and a majority of the Circuit Judges who are in regular active service not

having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure), the

Suggestion of Rehearing En Banc is DENIED.