Sierra Club v. Van Antwerp, 709 F. Supp 2d 1254 (S.D. Fla. 2009)
Case Summary:
On behalf of the Sierra Club, the Natural Resources Defense Council, and the National Parks Conservation Association, we sued the U.S. Army Corps of Engineers and the US Fish and Wildlife Service over the Corps' permitting of a massive mining operation on the border of Everglades National Park. Plaintiffs argued that, in approving this project, the Corps has not only undermined the multibillion dollar Everglades Restoration Plan's ongoing efforts to restore this ecologically critical area, but has also violated numerous federal environmental laws, including the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the Endangered Species Act. The United States District Court for the Southern District of Florida ruled for plaintiffs and enjoined mining closest to the aquifer used by the Miami-Dade County for drinking water. In response to an appeal by the mining companies, the U.S. Court of Appeals for the Eleventh Circuit remanded the case for further proceedings on certain claims. On remand the district again determined that the mining permits were issued in violation of the CWA and NEPA and vacated the permits. Sierra Club v. Flowers 423 F. Supp. 2d 1273 (S.D. Fla. 2006). The Eleventh Circuit affirmed, 2010 WL 200838 (11th Cir. Jan. 21, 2010).
Plaintiffs: Sierra Club, Natural Resource Defense Council, and National Parks and Conservation Association.
Court: United States District Court for the Southern District of Florida