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...

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