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AGRICO CHEMICAL CO. v. STATE, ETC.

Nos. FF-95, FF-340 and GG-448.

365 So.2d 759 (1978)

AGRICO CHEMICAL COMPANY et al., Petitioners, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION and Sarasota County, Florida, Respondents. AGRICO CHEMICAL COMPANY, Borden, Inc., Brewster Phosphates, Farmland Industries, Inc., Gardinier, Inc., International Minerals & Chemical Corporation, Mobil Chemical Company, Occidental Chemical Company, Swift Agricultural Chemicals, Uss Agri-Chemicals (a Division of United States Steel Corporation), and W.R. Grace & Co., Appellants, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, and State of Florida Environmental Regulation Commission, Appellees, and Sarasota County, Florida, Intervenor/Appellee. AGRICO CHEMICAL COMPANY, Borden, Inc., Brewster Phosphates, Farmland Industries, Inc., Gardinier, Inc., International Minerals & Chemical Corporation, Mobil Chemical Company, Occidental Chemical Company, Swift Agricultural Chemicals Corporation, Uss Agri-Chemicals (a Division of United States Steel Corporation), and W. R. Grace & Co., Petitioners, v. Reubin O'D. ASKEW, Governor, Bruce A. Smathers, Secretary of State, Robert L. Shevin, Attorney General, Gerald A. Lewis, Comptroller, Bill Gunter, Treasurer and Insurance Commissioner, Ralph D. Turlington, Commissioner of Education, and Doyle Conner, Commissioner of Agriculture, As the Governor and Cabinet of the State of Florida, and State of Florida Department of Environmental Regulation, Respondents.

District Court of Appeal of Florida, First District.

Dissenting Opinion On Denial of Rehearing January 16, 1979.

Attorney(s) appearing for the Case

Robert L. Rhodes, Jr., Chesterfield Smith, Lakeland, and W. Daniel Stephens of Holland & Knight, Tampa, for petitioners.

Robert L. Shevin, Atty. Gen., J. Kendrick Tucker, Asst. Atty. Gen., R.L. Caleen, Jr., Tallahassee, Richard L. Smith of Nelson, Hesse, Cyril & Weber, Sarasota, for respondents.

BOYER, Judge.

The central issue in each of the three cases which have been consolidated for consideration by this court relates to the validity (or invalidity) of proposed rules of the Department of Environmental Regulation (Department) which concern effluent standards for phosphate mining and processing operations. The petitioners-appellants are all engaged in the phosphate industry in Florida and will be referred to as the Industry. Since the issues presented by...

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