Miccosukee Tribe of Indians of Florida v. South Florida Water Management District

District Court of Appeal of Florida

Miccosukee Tribe of Indians of Florida v. South Florida Water Management District

721 So. 2d 389, 1998 Fla. App. LEXIS 14258

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1998

DocketNo. 98-1254

StatusPublished

Cited by1 cases

This text of 721 So. 2d 389 (Miccosukee Tribe of Indians of Florida v. South Florida Water Management District) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miccosukee Tribe of Indians of Florida v. South Florida Water Management District, 721 So. 2d 389, 1998 Fla. App. LEXIS 14258 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The petitioners, Miceosukee Tribe of Indians of Florida and Friends of the Everglades, appeal from a final order of the Department of Environmental Protection granting a Non-Everglades Construction Project Permit that would allow the continued maintenance and operation of thirty-seven flood control structures that discharge water into, within, or from the Everglades Protection Area. We affirm.

First, we find that the administrative law judge properly limited her inquiry to the review criteria set forth in section 373.4592(9)(k), (l), Florida Statutes (1997). § 373.4592(9)(c), Fla.Stat. (1997). Next, we find that the administrative law judge’s recommendation that the permit be issued was supported by competent, substantial evidence. A review of the record shows that South Florida Water Management District met its burden of demonstrating reasonable assurances that its schedules and strategies will provide compliance with water quality standards to the maximum extent practicable. § 373.4592(9)(k), (l), Fla.Stat. (1997). Accordingly, we affirm the Department of Environmental Protection’s order granting the Non-Everglades Construction Project Permit.

Affirmed.

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PER CURIAM.

The petitioners, Miceosukee Tribe of Indians of Florida and Friends of the Everglades, appeal from a final order of the Department of Environmental Protection granting a Non-Everglades Construction Project Permit that would allow the continued maintenance and operation of thirty-seven flood control structures that discharge water into, within, or from the Everglades Protection Area. We affirm.

First, we find that the administrative law judge properly limited her inquiry to the review criteria set forth in section 373.4592(9)(k), (l), Florida Statutes (1997). § 373.4592(9)(c), Fla.Stat. (1997). Next, we find that the administrative law judge’s recommendation that the permit be issued was supported by competent, substantial evidence. A review of the record shows that South Florida Water Management District met its burden of demonstrating reasonable assurances that its schedules and strategies will provide compliance with water quality standards to the maximum extent practicable. § 373.4592(9)(k), (l), Fla.Stat. (1997). Accordingly, we affirm the Department of Environmental Protection’s order granting the Non-Everglades Construction Project Permit.

Affirmed.

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721 So. 2d 389, 1998 Fla. App. LEXIS 14258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miccosukee-tribe-of-indians-of-florida-v-south-florida-water-management-fladistctapp-1998.

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