Hopping Green & Sams

Post Office Box 6526
Tallahassee, Florida 32314

Florida Department of Environmental Protection Enters Final Order Approving CF Industries, Inc. Permits for South Pasture Extension

Posted Tuesday, June 12th, 2012

HGS secured a significant victory for client CF Industries, Inc. (CF) in FINR II, Inc. v. CF Industries, Inc. and Department of Environmental Protection, OGC Case No. 11-1756, DOAH Case No. 11-6495 (June 8, 2012), for its proposed South Pasture phosphate mine extension located in Hardee County, Florida.

A neighboring landowner challenged the FDEP’s notice of intent to issue CF an Environmental Resource Permit (ERP), Conceptual Reclamation Plan (CRP), South Pasture Wetland Resource Permit Modification, and South Pasture Conceptual Reclamation Plan Modification for the project.

The final hearing was held on March 26-28, 2012, at the Florida Division of Administrative Hearings (DOAH) building in Tallahassee.  The parties presented a total of 14 witnesses and 80 exhibits.  On Friday, June 8, 2012, the FDEP entered its Final Order in the case.  The Final Order adopted DOAH Administrative Law Judge (ALJ) D.R. Alexander’s Recommended Order, which recommended approval of all four permit applications, in every respect.

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