Split 11th Circ. Upholds CWA Permit For Fla. Phosphate Mine

Law360 (November 4, 2019, 9:25 PM EST) -- A divided Eleventh Circuit panel upheld a U.S. Army Corps of Engineers water permit for a phosphate mine in Florida on Monday, deciding the permit’s scope was limited and didn’t require an analysis of a radioactive byproduct.

The panel majority, affirming a lower court, rejected an environmental group's accusations that the Corps should have considered the impacts of the production of millions of gallons of radioactive phosphogypsum — a byproduct of fertilizer production that is fueled by the mine’s phosphate — before it issued a Clean Water Act Section 404 permit. The court held that while phosphogypsum might be related to...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!