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FLORIDA POWER CORP. v. STATE, DER

No. 92-2933.

638 So.2d 545 (1994)

FLORIDA POWER CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 20, 1994.

Attorney(s) appearing for the Case

Frank E. Matthews and Michael P. Petrovich, of Hopping Boyd Green & Sams, Tallahassee, for appellant.

Douglas H. MacLaughlin, Asst. Gen. Counsel, Tallahassee, for appellee.

BARFIELD, Judge.

Florida Power Corporation (FPC) appeals an order of the Department of Environmental Regulation (DER) denying its application for a wetland resource permit, contending that DER improperly rejected the hearing officer's determination that FPC's project would have no adverse impacts and was not contrary to the public interest. This controversy focuses on the distinction between forested wetlands and herbaceous wetlands. Here, forested wetlands were destroyed...

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