News & Events

On May 5, 2009, in a decision highly favorable to Simpson Thacher’s pro bono client the Natural Resources Defense Council (“NRDC”), the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a summary judgment ruling of the U.S. District Court of the Southern District of Florida. The Eleventh Circuit’s decision ensures that important protections remain in place for the Cape Sable Seaside Sparrow, a non-migratory, endangered species that lives only in Everglades National Park and depends for its survival on the water management decisions of the U.S. Army Corps of Engineers.

As a result of a NRDC lawsuit in 1999 in response to a dramatic decline in the sparrow population, the Army Corps implemented a gate closure regime to lower water levels during the sparrow’s breeding season. In a series of lawsuits, including the one on appeal, the Miccosukee Tribe of Indians of Florida, challenged that regime. NRDC intervened in the case to ensure that the protections obtained in the prior lawsuit remained in place and the Eleventh Circuit affirmed the District Court’s summary judgment ruling upholding those protections.

The partners supervising the matter are Bob Bourque and Jamie Gamble. Kyle Lonergan argued the appeal on behalf of NRDC in front of a three judge panel of the Eleventh Circuit. Ted DeBonis and Devin Ryan assisted in preparing for the argument and in drafting the appellate briefs. The team’s paralegal is Wendy Colon.