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
Berries
May 26, 2017
Jury Sides with University in Strawberry Breeding Lawsuit
Decision says former breeders infringed on UC patents to develop material for corporate breeding firm. Read More
Managed bee hive boxes around a blueberry field
Nuts
May 25, 2017
Stolen Hives Recovered in Nearly $1M Heist
Man likely stole hives from across the state of California in the last three years. Read More
Panama Canal Expansion opening celebration
Farm Management
May 25, 2017
Plight of Trade Policy Grounding Many U.S. Growers
Much-needed investments in labor-saving technology could be key to long-term survival. Read More
Cannabis plant closeup
Farm Management
May 25, 2017
Florida Farm Winning Case for Medicinal Cannabis License
Judge rules in favor of 3 Boys Farm in the quest to expand its crop/business portfolio. Read More
hands holding a globe
Citrus
May 25, 2017
Are We Overstating the World’s Overpopulation Problem?
If growers can’t achieve a fair return on investment and stay in business, it won’t matter what the population is in 2050. We all will be trouble. Read More
Falcon-takes-flight-at-Duncan-Family-Farms
Citrus
May 24, 2017
Falcons Scare off Other Birds at Duncan Family Farms
It collaborates with a firm that uses trained falcons to intimidate and scare off nuisance birds such as the horned larks and pigeons that frequent the area. Read More
Organic
May 24, 2017
Organic Growers in Turmoil (Opinion)
Although consumers are demanding, and getting more organic produce options, growers are grappling with fundamental questions. Read More
Corn leaf aphids on sweet corn
Sweet Corn
May 24, 2017
Stay on Your A Game to Conquer Corn Leaf Aphid
Learn how to identify, the survival and spread, as well as management methods for this vegetable pest. Read More
Florida Ag Hall of Famer William Cook
Citrus
May 23, 2017
Search is on For Next Crop of Florida Agriculture Hall of Famers
Nomination period now open for longtime industry honor. Read More
Apples & Pears
May 23, 2017
Grower Shares Personal Impact of Labor Shortage
USApple leader Phil Glaize of Virginia stresses need for reform with current labor regulations, programs at Congressional briefing on agriculture labor crisis. Read More
Stone Fruit
May 23, 2017
Northeast Peach Crop Rebounds
After a mild winter and relatively uneventful bloom time, the crop is setting up nicely for the region. Read More
Berries
May 23, 2017
Researchers Examining Potential for Longer Berry Season in Northeast
Team at Penn State University using low and high tunnels and plastic coverings to extend raspberry and strawberry seasons. Read More
honeybees
Citrus
May 23, 2017
Webinar Series Highlights New Research on Honeybee Health
National Pollinator Week webinar showcases research to improve honeybee colony health by 2020. Read More
stack of lemons
Citrus
May 23, 2017
California Lemon Growers Sue USDA
Lemon industry files suit against rule allowing importation of Argentine lemons. Read More
Bee Vectoring Technologies experimental hives
Citrus
May 23, 2017
Insects (Bad and Good) Make for Interesting Field Trips
Disease-fighting bees and the deadly citrus psyllid were at the center of two recent, research-fueled out-of-office adventures. Read More
The Latest
Berries
May 26, 2017
Jury Sides with University in Strawberry…
Decision says former breeders infringed on UC patents to develop material for corporate breeding firm. Read More
Nuts
May 25, 2017
Stolen Hives Recovered in Nearly $1M Hei…
Man likely stole hives from across the state of California in the last three years. Read More
Farm Management
May 25, 2017
Plight of Trade Policy Grounding Many U.…
Much-needed investments in labor-saving technology could be key to long-term survival. Read More
Farm Management
May 25, 2017
Florida Farm Winning Case for Medicinal …
Judge rules in favor of 3 Boys Farm in the quest to expand its crop/business portfolio. Read More
Citrus
May 25, 2017
Are We Overstating the World’s Ove…
If growers can’t achieve a fair return on investment and stay in business, it won’t matter what the population is in 2050. We all will be trouble. Read More
Citrus
May 24, 2017
Falcons Scare off Other Birds at Duncan …
It collaborates with a firm that uses trained falcons to intimidate and scare off nuisance birds such as the horned larks and pigeons that frequent the area. Read More
Organic
May 24, 2017
Organic Growers in Turmoil (Opinion)
Although consumers are demanding, and getting more organic produce options, growers are grappling with fundamental questions. Read More
Sweet Corn
May 24, 2017
Stay on Your A Game to Conquer Corn Leaf…
Learn how to identify, the survival and spread, as well as management methods for this vegetable pest. Read More
Citrus
May 23, 2017
Search is on For Next Crop of Florida Ag…
Nomination period now open for longtime industry honor. Read More
Apples & Pears
May 23, 2017
Grower Shares Personal Impact of Labor S…
USApple leader Phil Glaize of Virginia stresses need for reform with current labor regulations, programs at Congressional briefing on agriculture labor crisis. Read More
Stone Fruit
May 23, 2017
Northeast Peach Crop Rebounds
After a mild winter and relatively uneventful bloom time, the crop is setting up nicely for the region. Read More
Berries
May 23, 2017
Researchers Examining Potential for Long…
Team at Penn State University using low and high tunnels and plastic coverings to extend raspberry and strawberry seasons. Read More
Citrus
May 23, 2017
Webinar Series Highlights New Research o…
National Pollinator Week webinar showcases research to improve honeybee colony health by 2020. Read More
Citrus
May 23, 2017
California Lemon Growers Sue USDA
Lemon industry files suit against rule allowing importation of Argentine lemons. Read More
Citrus
May 23, 2017
Insects (Bad and Good) Make for Interest…
Disease-fighting bees and the deadly citrus psyllid were at the center of two recent, research-fueled out-of-office adventures. Read More
Crop Protection
May 23, 2017
Valent Grants Organic Farming Scholarshi…
University of Florida Doctor of Plant Medicine student receives $1,500 toward the development of training materials. Read More
Varieties & Rootstocks
May 23, 2017
In Quest for Low-Seeded Citrus, It Takes…
Momentum for viable mandarin hybrids for Florida reaching a peak in the land down under. Read More
GenNext Growers
May 22, 2017
How to Make Dollars and Sense of Today&#…
Despite current challenges impacting the future of the North American fruit and vegetable industry, there are opportunities to be had. Read More