FRIENDS OF THE EVERGLADES v. South Florida Water Management District

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[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. 2 3 4