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MANASOTA-88, INC. v. STATE, DEPT. OF ENV. REGULATION

No. 88-197.

567 So.2d 895 (1990)

MANASOTA-88, INC., Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION; Sugar Cane League; Wcwsa; Florida Citrus Processors Association; Florida Chemical Industry Council; Florida Phosphate Council, Inc.; Florida Electric Power Coordinating Group, Inc.; Mobil Mining; and Waste Management, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 1, 1990.

Attorney(s) appearing for the Case

Thomas W. Reese, St. Petersburg, for appellant.

Cynthia Cristen, Asst. Gen. Counsel, Tallahassee, for appellee, Dept. of Environmental Regulation.

Philip S. Parsons of Landers & Parsons, Tallahassee, for appellee, Sugar Cane League.

Edward de la Parte, Tampa, for appellee, WCWSA.

Roderick K. Shaw, Jr. of Allen, Dell, Frank & Trinkle, Tampa, for appellee, Florida Citrus Processors Ass'n.

Richard S. Brightman of Hopping Boyd Green & Sams, Tallahassee, for appellee, Florida Chemical Industry Council.

Robert L. Rhodes, Jr. and Lawrence E. Sellers, Jr. of Holland & Knight, Tallahassee, for appellee, Florida Phosphate Council, Inc.

William H. Green, James S. Alves, and Richard S. Brightman of Hopping Boyd Green & Sams, Tallahassee, for appellee, Florida Elec. Power Coordinating Group, Inc.

Lawrence E. Sellers, Jr. of Holland & Knight, Tallahassee, for appellee, Mobil Mining.

William D. Preston of Hopping Boyd Green & Sams, Tallahassee for appellee, Waste Management.

SHIVERS, Chief Judge.

Appellant, Manasota-88, Inc., brings a direct appeal from the Department of Environmental Regulation's (DER's) adoption of an amendment to Rule 17-4.245(8)(b), F.A.C., raising two challenges to the amendment: (1) that DER exceeded its delegated legislative authority in adopting the amendment, and (2) that the amended rule is vague and standardless, vesting unbridled discretion in DER staff. For the reasons set out below, we remand to the agency...

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