Mosaic To Fight Injunction Against Florida Mine

The Mosaic Co. announced it will vigorously pursue all options, including appeals, to defend itself against an injunction entered last week by the U.S. District Court for the Middle District of Florida.

This injunction prevents all mining activities on the Hardee County extension of Mosaic’s South Fort Meade phosphate mine in Central Florida. As previously disclosed, the Company is defending a lawsuit filed by the Sierra Club that seeks to prevent Mosaic from extending its mining permit into Hardee County.

“We are surprised and disappointed that the District Court granted another preliminary injunction after being expressly instructed by the appellate court in April to rule on the merits of this case,” said Richard Mack, Mosaic’s Executive Vice President and General Counsel. “The inclusion of uplands mining in the injunction is particularly unwarranted, because such mining does not require a federal permit. In fact, the Judge has indicated on the record, including in his July 2010 injunction, that uplands mining is permissible. We do not believe the injunction is supported by the overwhelming facts or the law, and we will vigorously pursue all options to obtain relief, as we successfully did with the previous injunction.
“The Court’s ruling is inconsistent with the overall regulatory environment in Florida and may bring significant hardship to our employees and local communities. Mosaic continues to stand by the validity of the Army Corps’ permit, which allows mining activities in wetlands on the Hardee County extension of South Fort Meade, subject to the permit’s stringent terms and conditions, including extensive post-mining reclamation. This permit received extensive scrutiny and contains more environmental protections than any Florida phosphate mining permit ever issued.”

Mosaic notified the District Court in April that it was preparing to commence mining of approximately 700 uplands acres and would protect the two “cattle ponds,” representing approximately 16 acres of isolated wetlands, with extensive state and federally approved best management practices. The Army Corps agreed with Mosaic and notified the District Court that it had no objection to Mosaic’s uplands-only mining contingency plan because no federal permit was required to mine uplands.

Mosaic believes it will be able to support planned finished phosphate fertilizer production levels through the end of fiscal 2012 through a combination of existing phosphate rock inventories, higher output from its other Florida mines, increasing shipments from the Company’s Miski Mayo joint venture, and supplemental purchases of phosphate rock from third parties. Mosaic’s initial analysis indicates that the combination of higher costs for purchased phosphate rock and unabsorbed fixed costs could increase fiscal 2012 pretax costs by approximately $200 million.

Mosaic intends to seek a stay of the preliminary injunction pending appeal as to the uplands-only mining. The Company hopes to receive a ruling regarding the stay within the next few months.

Should a stay of the preliminary injunction not be granted, Mosaic estimates that the legal process could take 12 to 24 months to review these issues.

Source: The Mosaic Co. news release

Leave a Reply

Featured Stories

Farm ManagementBill Gates Uploading Lots Of Florida Farmland
October 22, 2014
Recent acquisition for the Microsoft icon involves more than 4,500 acres for nearly $28 million. Read More
GenNext GrowersRegister Now For The GenNext Growers Webcast
October 22, 2014
In the first installment of the GenNext Webcast Series, you will learn how to engage with lawmakers and ag associations to help shape a better future for your business and for agriculture. Read More
FruitsAnnual Santa Maria Strawberry Meeting Approaching
October 22, 2014
The meeting will focus on IPM practices, weed management, updates on fumigation, and more. Read More
Apples & PearsUSApple’s AppletizeMe Personality Quiz Help Consumers Find Ideal Apple Varieties and Perfect Food Pairings
October 22, 2014
Award-winning national apple month campaign returns with more featured varieties and informative videos. Read More
Farm ManagementUSDA Awards $18 Million To Stimulate Research And Development Innovation
October 22, 2014
The grants will provide resources to help small operations create breakthroughs, says USDA Secretary Tom Vilsack. Read More
CitrusEPA Launches Program To Reduce Pesticide Drift
October 22, 2014
The voluntary star-rating program aims to protect people, wildlife and the environment. Read More
CitrusMcCrometer Introduces New Ag Management Mobile App
October 22, 2014
The app displays data on weather, ET, soil moisture, water flow, and more. Read More
Apples & PearsNew York Apple Growers Partner With Grocer To Introduce SnapDragon Apples
October 22, 2014
First apples of this new variety to hit Wegmans stores as part of a marketing effort. Read More
CitrusAgriculture, Interior Departments Partner To Measure Conservation Impacts On Water Quality
October 22, 2014
Goal is to provide science-based information for watershed wellness. Read More
Stone FruitIntroducing A Gem Of A Peach For Central Florida
October 22, 2014
The newest variety to come from the UF Stone Fruit Breeding Program is another “gem,” UFGem! This peach variety is Read More

The Latest

Farm ManagementBill Gates Uploading Lots Of Florida Farmland
October 22, 2014
Recent acquisition for the Microsoft icon involves more than 4,500 acres for nearly $28 million. Read More
GenNext GrowersRegister Now For The GenNext Growers Webcast
October 22, 2014
In the first installment of the GenNext Webcast Series, you will learn how to engage with lawmakers and ag associations to help shape a better future for your business and for agriculture. Read More
FruitsAnnual Santa Maria Strawberry Meeting Approaching
October 22, 2014
The meeting will focus on IPM practices, weed management, updates on fumigation, and more. Read More
Apples & PearsUSApple’s AppletizeMe Personality Quiz Help Consumers…
October 22, 2014
Award-winning national apple month campaign returns with more featured varieties and informative videos. Read More
Farm ManagementUSDA Awards $18 Million To Stimulate Research And Devel…
October 22, 2014
The grants will provide resources to help small operations create breakthroughs, says USDA Secretary Tom Vilsack. Read More
CitrusEPA Launches Program To Reduce Pesticide Drift
October 22, 2014
The voluntary star-rating program aims to protect people, wildlife and the environment. Read More
CitrusMcCrometer Introduces New Ag Management Mobile App
October 22, 2014
The app displays data on weather, ET, soil moisture, water flow, and more. Read More
Apples & PearsNew York Apple Growers Partner With Grocer To Introduce…
October 22, 2014
First apples of this new variety to hit Wegmans stores as part of a marketing effort. Read More
CitrusAgriculture, Interior Departments Partner To Measure Co…
October 22, 2014
Goal is to provide science-based information for watershed wellness. Read More
Stone FruitIntroducing A Gem Of A Peach For Central Florida
October 22, 2014
The newest variety to come from the UF Stone Fruit Breeding Program is another “gem,” UFGem! This peach variety is Read More
CitrusIt’s Time For Young Farming Leaders To Engage [Op…
October 21, 2014
Florida Grower editor Frank Giles says there are capable and talented youths in the ag field ready to step up and take the reins. Read More
Farm ManagementResearchers Finding Biofuel Fits For Florida
October 21, 2014
Alternative crops identified that are suited for the state's climate and can easily be processed for power. Read More
CitrusBayer CropScience Launches New Award To Recognize Produ…
October 21, 2014
Award recognizes innovation that enhances the role of produce in creating better lives. Read More
FruitsCalifornia Department Of Food And Agriculture Awards $3…
October 21, 2014
State Water Efficiency And Enhancement Program highlights projects implement irrigation systems that reduce water and energy use. Read More
FruitsWashington State University Researchers See How Plants …
October 21, 2014
Results could lead to development of crops that recover from sun damage more easily. Read More
CitrusReport: Major Food And Agriculture Employers Can’t Fi…
October 21, 2014
Current shortage of young farming professionals means ample employment opportunity for the next generation. Read More
Apples & PearsInvasive Pest Found First Time In U.S. At Border Crossi…
October 20, 2014
Moth known to feed on apples, apple buds, leaves, and shoots, is found in a container full of pump valves originating in China. Read More
More Vegetables6 Savory Tomato And Pepper Varieties For Florida Grower…
October 20, 2014
Leading vegetable seed companies highlight a half dozen high-performance selections for producers in the Sunshine State. Read More