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Miccosukee Tribe of Indians of Florida v. United States

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[PUBLISH]

Before BLACK, WILSON and MARTIN, Circuit Judges.

The Miccosukee Tribe of Indians of Florida (the Tribe) challenged the federal government’s plans to replace a mile of the ground-level Tamiami Trail (U.S. Highway 41) with a bridge, to increase the flow of water into Everglades National Park. The district court dismissed those claims for lack of subject matter jurisdiction, and the Tribe appeals that dismissal. After hearing oral argument in this case and in the related and consolidated appeals Nos. 09-14194 and 09-14539, we conclude that our holding in that case dictates the outcome here. We find that language Congress inserted in a spending bill deprives the federal courts of subject matter jurisdiction over the Tribe’s claims. Therefore we affirm the judgment of the district court.

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