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Court holds up Everglades case

WASHINGTON, March 23 (UPI) -- The U.S. Supreme Court Tuesday sent a high-profile case on Florida Everglades pollution back to a lower court for more fact-finding.

An eventual decision in the case will have repercussions across the country. At issue is whether a state agency pumping already polluted water into a protected area -- but not adding any pollutants itself -- must get a permit under the Clean Water Act.

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A court majority indicated it believes a permit in such a situation is necessary, but sent the case back down to determine whether the two bodies of water involved in the case are indeed separate. The majority also reserved judgment on whether navigable waters should be viewed as a single unit.

The case was brought by the Miccosukkee Tribe of Indians against the South Florida Water Management District.

There was only one partial dissent from Justice Antonin Scalia to the majority opinion written by Justice Sandra Day O'Connor.

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