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
Biocontrols 2015 Conference
CitrusGrowers Go In-Depth At Biocontrols 2015 Conference & Tradeshow
March 9, 2015
The first-of-its-kind event brought growers, researchers, regulators, and suppliers together for a two-day discussion on the latest biocontrols tools and technologies. Read More
Crop ProtectionAt Paramount Farming, Mating Disruption Pays Off
February 10, 2015
To say Brad Higbee is an expert in mating disruption, the use of pheromones to confuse target pests and reduce Read More
Crop ProtectionGrower Experienced In Biocontrols Says: Be Patient
February 4, 2015
The use of biocontrols in all aspects of agriculture is becoming more widespread. But incorporating biocontrols in a vegetable farming Read More
FruitsSounding Off On GMOs: The Arctic Apple Decision
March 27, 2015
Industry leaders share their feelings on the recently approved genetically modified apples. Read More
BerriesBuilding A Better Black Raspberry
March 27, 2015
Studies focusing on consumer preference, aphid resistance, heat tolerance, and genetics aim to capitalize on an expanding market. Read More
CitrusMore California Citrus Placed Under Psyllid Quarantine
March 27, 2015
Asian citrus psyllid is found in Madera County – the heart of the San Joaquin Valley. Read More
FruitsAhead Of The Curve, Part 2
March 27, 2015
Get educated with great resources in the tree fruit industry available at your fingertips. Read More
Apples & PearsMeet USApple’s Class of 2015 Young Apple Leaders
March 27, 2015
Young decision-makers see trip as an opportunity make sure the voice of the apple industry is heard by representatives. Read More
GrapesGlassy-Winged Sharpshooter Found In Marin County
March 26, 2015
This pest, known to spread Pierce’s Disease, could devastate California winegrapes. Read More
GrapesFirst Raisin Grape That Dries Naturally On Vine Developed
March 26, 2015
The new Sunpreme variety eliminates the need for growers to cut into woody canes before harvest. Read More
Fresh From Florida Strawberry Parfait recipe
BerriesNew Partnership Sends Florida Strawberries To Puerto Rico
March 26, 2015
Latest addition extends Sunshine State’s agricultural export reach in the Caribbean. Read More
drought management; irrigation; water management
FruitsHow To Become A Soil Sleuth
March 26, 2015
To correctly apply the proper nutrients at the right rates, you need to know where your fields are deficient and how to correctly diagnose a disorder. Read More
NutsWhy You Should Use Low-Rate Applications Of Potassium
March 26, 2015
These rates provide growers a low-cost method comparable to conventional applications. Read More
The Latest
FruitsSounding Off On GMOs: The Arctic Apple Decision
March 27, 2015
Industry leaders share their feelings on the recently approved genetically modified apples. Read More
BerriesBuilding A Better Black Raspberry
March 27, 2015
Studies focusing on consumer preference, aphid resistance, heat tolerance, and genetics aim to capitalize on an expanding market. Read More
CitrusMore California Citrus Placed Under Psyllid Quarantine
March 27, 2015
Asian citrus psyllid is found in Madera County – the heart of the San Joaquin Valley. Read More
FruitsAhead Of The Curve, Part 2
March 27, 2015
Get educated with great resources in the tree fruit industry available at your fingertips. Read More
Apples & PearsMeet USApple’s Class of 2015 Young Apple Leaders
March 27, 2015
Young decision-makers see trip as an opportunity make sure the voice of the apple industry is heard by representatives. Read More
GrapesGlassy-Winged Sharpshooter Found In Marin County
March 26, 2015
This pest, known to spread Pierce’s Disease, could devastate California winegrapes. Read More
GrapesFirst Raisin Grape That Dries Naturally On Vine Develop…
March 26, 2015
The new Sunpreme variety eliminates the need for growers to cut into woody canes before harvest. Read More
Fresh From Florida Strawberry Parfait recipe
BerriesNew Partnership Sends Florida Strawberries To Puerto Ri…
March 26, 2015
Latest addition extends Sunshine State’s agricultural export reach in the Caribbean. Read More
drought management; irrigation; water management
FruitsHow To Become A Soil Sleuth
March 26, 2015
To correctly apply the proper nutrients at the right rates, you need to know where your fields are deficient and how to correctly diagnose a disorder. Read More
NutsWhy You Should Use Low-Rate Applications Of Potassium
March 26, 2015
These rates provide growers a low-cost method comparable to conventional applications. Read More
Cold ProtectionWind Machine, Electric Pruners Donated To MSU Research …
March 25, 2015
New equipment to help protect research blocks from frost damage and provide center with latest technology. Read More
CitrusProposed Farm Bill Provision To Limit Payments To Non-F…
March 25, 2015
USDA has proposed a new rule which would limit payment to those who are only actively engaged in farming. Read More
Pennsylvania hard cider guild logo
Apples & PearsPennsylvania Hard Cider Producers Founded Independent T…
March 25, 2015
The Pennsylvania Cider Guild is designed to help promote and educate members and consumers. Read More
FruitsHow To Get Started With Partnerships And Sponsorships
March 25, 2015
Mark Saunders of Saunders Farm says your business is never too small or too big to get more value for what you do on your farm. Read More
FruitsValue Through Partnerships And Sponsorships [Opinion]
March 25, 2015
Mark Saunders of Saunders Farms says admission is one way to get value for what you do, but sponsorships and partnerships are the next level. Read More
chateau hough urban vineyard Cleveland Ohio
GrapesFrom Riots To Vineyard — A Story of Urban Revival
March 25, 2015
Ex-convict’s inner-city vineyard in the Hough neighborhood in Cleveland an opportunity for those leaving incarceration for a bright future in viticulture. Read More
FruitsWorld Ag Expo 2015: New Tools For Fruit Growers
March 24, 2015
From wind machines to solar-powered pumps, here is some of the new equipment on display this year's edition of the nation's largest farm show. Read More
Apples & PearsNeedles Found In Honeycrisp Sold At Grocery Store
March 24, 2015
Apples were believed to be tampered with; initial surveillance footage was inconclusive. Read More