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
Whiteflies on a leaf
Cucurbits
May 25, 2016
Whitefly Threat Has Florida Growers On High Alert
Researchers, state agencies working together to prevent a potential outbreak. Read More
The MyIPM series of apps are available for Android and IOS devices. (Photo Credit: Scott Miller / Clemson University)
Crop Protection
May 25, 2016
More Apps Help Growers Identify Insects And Diseases
Berries, apples, pears, and cherries now rolled into new app series from Clemson University. Read More
close-up of stop light
Citrus
May 25, 2016
Monsanto Says Bayer Bid ‘Financially Inadequate’
Proposal cited as undervalued, not able to address financial, regulatory risks. Read More
cherry cracking
Stone Fruit
May 25, 2016
Researchers Study Why Cherry Cracking Affects Different Varieties
German researchers studied how water uptake and fruit skin determined a cultivar’s susceptibility to cherry cracking. Read More
Port Of Miami shipyard
Farm Management
May 25, 2016
Report Highlights Benefits Of Trans-Pacific Partnership
National Potato Council says report from the International Trade Commission offers the benefits the free trade agreement would offer growers. Read More
Wetland and streamside vegetation serves as a buffer to filter excess nutrients from water running off agricultural land. Photo by Scott Bauer.
Fruits
May 25, 2016
Farm Bureau Says EPA, Army Corps Of Engineers Violate Clean Water Act
AFBF told Congress that the Army Corps' novel interpretations of environmental law are threatening farmers in California and other areas of the country. Read More
Credit: Jim Ringelman, Ducks Unlimited, used with permission.
Citrus
May 25, 2016
NRCS Invests $4.3 Million To Combat Climate Change
The Natural Resources Conservation Service in California is committing funds to help farmers and ranchers mitigate the effects of climate change and help to reduce greenhouse gas emissions. Read More
Port Tampa Bay shipping channel
Citrus
May 24, 2016
Panama Canal Expansion To Bring Trade Opportunities To Florida
Agriculture Commissioner Adam Putnam says a confluence of events is putting the state's producers in a good spot to open new markets. Read More
anti-GMO corn spoof via social media
Citrus
May 24, 2016
Social Media Posts On GMOs Falling Flat [Opinion]
Hopefully, the hysteria the West has perpetuated on genetic engineering will not stifle the potential of moving our production forward enough to help feed a growing global population. Read More
Photo credit: USDA
Fruits
May 24, 2016
Organic Food Sales Hit Record $43.3 Billion In 2015
Organic Trade Association says organic fruits and vegetables logged sales of $14.4 billion. Read More
The Latest
Cucurbits
May 25, 2016
Whitefly Threat Has Florida Growers On H…
Researchers, state agencies working together to prevent a potential outbreak. Read More
Crop Protection
May 25, 2016
More Apps Help Growers Identify Insects …
Berries, apples, pears, and cherries now rolled into new app series from Clemson University. Read More
Citrus
May 25, 2016
Monsanto Says Bayer Bid ‘Financially Ina…
Proposal cited as undervalued, not able to address financial, regulatory risks. Read More
Stone Fruit
May 25, 2016
Researchers Study Why Cherry Cracking Af…
German researchers studied how water uptake and fruit skin determined a cultivar’s susceptibility to cherry cracking. Read More
Farm Management
May 25, 2016
Report Highlights Benefits Of Trans-Paci…
National Potato Council says report from the International Trade Commission offers the benefits the free trade agreement would offer growers. Read More
Fruits
May 25, 2016
Farm Bureau Says EPA, Army Corps Of Engi…
AFBF told Congress that the Army Corps' novel interpretations of environmental law are threatening farmers in California and other areas of the country. Read More
Citrus
May 25, 2016
NRCS Invests $4.3 Million To Combat Clim…
The Natural Resources Conservation Service in California is committing funds to help farmers and ranchers mitigate the effects of climate change and help to reduce greenhouse gas emissions. Read More
Citrus
May 24, 2016
Panama Canal Expansion To Bring Trade Op…
Agriculture Commissioner Adam Putnam says a confluence of events is putting the state's producers in a good spot to open new markets. Read More
Citrus
May 24, 2016
Social Media Posts On GMOs Falling Flat …
Hopefully, the hysteria the West has perpetuated on genetic engineering will not stifle the potential of moving our production forward enough to help feed a growing global population. Read More
Fruits
May 24, 2016
Organic Food Sales Hit Record $43.3 Bill…
Organic Trade Association says organic fruits and vegetables logged sales of $14.4 billion. Read More
Grapes
May 24, 2016
Sea Change Coming To California Winegrap…
Vines continue to be pulled from the state’s interior, while planting is expected to increase along coast and in Delta area. Read More
Citrus
May 24, 2016
Report Says GMOs Offer No Risk To Human …
The study stresses the need for proper resistance management, the need for a different ways to evaluate all new crop varieties, regardless of process in which they were developed. Read More
Citrus
May 24, 2016
Full-Time Effort Required To Feed Farm-T…
Florida Commissioner of Agriculture Adam Putnam gives a shout-out to those providing fuel to kids during the school year as well as the summer months. Read More
Citrus
May 23, 2016
World Health Organization Experts: Glyph…
Risk unlikely when consuming crops treated with herbicide. Read More
Citrus
May 23, 2016
Florida Growers Putting Food Safety On F…
Specialty crop industry stakeholders hungry to understand what’s ahead as FDA begins implementing new food safety rules. Read More
Cucurbits
May 21, 2016
Cucurbit Yellow Stunting Disorder Virus …
Learn how to identify, the survival and spread, as well as management methods for this vegetable disease. Read More
Nuts
May 20, 2016
Bank Predicts A Roller Coaster Ride For …
Supply expected to grow by more than one-third in next five years, but decreasing demand may lower prices. Read More
Insect & Disease Update
May 20, 2016
Yara International Pledges $100,000 To S…
Scholarship will fund University of Florida undergraduate and graduate students. Read More
[gravityform id="62" title="false" description="false"]