ELR Citation: 43 ELR 20119
No(s). 10-14271 (11th Cir. May 15, 2013)

The Eleventh Circuit upheld the dismissal of a Native American tribe's lawsuit challenging the government's management of the Central and Southern Florida Project for Flood Control in the Everglades. The tribe complained that the project diverts excessive flood waters over tribal lands, in part to protect other land owners whose properties are located within the project. But the tribe's complaint contains nothing to support its allegation that the U.S. Army Corps of Engineers has an obligation to "protect" and "not interfere with" the tribe's rights under the Florida Indian Land Claims Settlement Act. The complaint also failed to allege what process right the tribe was due, much less that it was inadequate. And the tribe's equal protection rights claims were vague and ambiguous.