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

All Vegetables Stories >All Fruits Stories >All Nuts Stories >All Citrus Stories >

The Latest

Crop ProtectionBagrada Bug On The Move In California
September 16, 2014
Find out more on management tactics and what counties are impacted by this invasive pest. Read More
Cucurbits14 Stand-Out Melon Varieties [Slideshow]
September 15, 2014
Browse the slideshow below for information on these exceptional melon varieties from the nation’s leading seed breeders and distributors. Read More
Grower Achievement AwardView Highlights From The 2014 United Fresh Washington P…
September 15, 2014
Browse this slideshow to view photos from the 2014 United Fresh Washington Public Policy Conference, including pictures of this year’s Grower Read More
Apples & PearsCanneries Hope To Encourage Growers To Grow Pears For P…
September 15, 2014
Higher wholesale prices offered as means to boost canning pear acres. Read More
FruitsDeadline Nearing For Noninsured Crop Disaster Assistanc…
September 15, 2014
Fruit growers who suffered losses due to frost or freeze in 2012 could be eligible for assistance through USDA’S Farm Service Agency. Read More
BerriesBotrytis Gray Mold Pressure Increasing With Humid Weath…
September 15, 2014
Michigan State University researcher offers tips to reduce the spread of spores. Read More
Fruits5 Mistakes You May Be Making With Your Orchard’s …
September 15, 2014
These deadly sins may be hurting your customers’ experience — and costing you money. Read More
FruitsSuccess And The Not-Top-100 Grower [Opinion]
September 15, 2014
Innovation isn't only happening at the top. Some of the most interesting ideas in the fruit industry are being executed by small growers. Read More
Apples & PearsAmerican and Western Fruit Grower’s 2014 Top Appl…
September 13, 2014
The nations’s largest growers reflect how technology, innovations, and promotion help make their businesses run more efficiently. Read More
NutsAmerican and Western Fruit Grower’s 2014 Top Nut …
September 13, 2014
Almonds, pistachios, and walnuts grown in California make up the crops featured in this portion of the Top 100 Report. Read More
FruitsAmerican and Western Fruit Grower’s 2014 Top 100 …
September 13, 2014
The nations’s largest growers reflect how technology, innovations, and promotion help make their businesses run more efficiently. Read More
Stone FruitAmerican and Western Fruit Grower’s 2014 Top Ston…
September 13, 2014
This year’s Top 100 Report features the 25 largest stone fruit growers in the country. Read More
GrapesAmerican and Western Fruit Grower’s 2014 Top Grap…
September 13, 2014
The nations’s largest growers reflect how technology, innovations, and promotion help make their businesses run more efficiently. Read More
GrapesVintage Nurseries Welcomes New General Manager
September 12, 2014
New quality control manager also joins Wasco, CA, grapevine nursery. Read More
GrapesBrothers Continue To Grow Grapes And Produce Wine ̵…
September 12, 2014
The war has come close to their vineyard 90 miles southwest of Aleppo, with fighting only 100 yards away. Read More
GrapesMealybug Infestation Hits Michigan Vineyards
September 12, 2014
Southwestern vineyards in the state reports of grape leafroll virus which can be transmitted by mealybug. Read More
GrapesCalifornia Quarantine Partially Lifted For European Gra…
September 12, 2014
State lifts ban in Solano County and parts of Napa and Sonoma County. Read More
Crop ProtectionNimitz Nematicide Receives EPA Approval
September 12, 2014
New product from Adama has a unique mode of action and is approved for use on a variety of vegetables. Read More