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CHARLOTTE COUNTY v. IMC PHOSPHATES CO.

No. 2D06-3848.

18 So.3d 1089 (2009)

CHARLOTTE COUNTY, Lee County, and Sarasota County, Appellants, v. IMC PHOSPHATES COMPANY and Department of Environmental Protection, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 4, 2009.

Attorney(s) appearing for the Case

Stephen E. DeMarsh, County Attorney, and David M. Pearce, Assistant County Attorney, Sarasota, for Appellant Sarasota County.

Edward P. de la Parte, Jr., and David M. Caldevilla, Vivian Arenas, Charles R. Fletcher and Nicolas Q. Porter of de la Parte & Gilbert, P.A., Tampa, for Appellant Charlotte County.

David M. Owen, County Attorney, and Susan Henderson, Assistant County Attorney, Fort Myers, for Appellant Lee County.

Steven L. Brannock of Holland & Knight LLP, Tampa; Rory C. Ryan and Roger W. Sims of Holland & Knight LLP, Orlando; Robert L. Rhodes, Jr., of Holland & Knight LLP, Atlanta, Georgia; and Frank E. Matthews and Susan L. Stephens of Hopping Green & Sams, Tallahassee, for Appellee IMC Phosphates Company.

Francine M. Ffolkes, Administrative Law Counsel, and Justin G. Wolfe, Senior Assistant General Counsel, for Appellee Department of Environmental Protection.

DAVIS, Judge.

Charlotte County, Lee County, and Sarasota County (Appellants) challenge the final administrative order of the Department of Environmental Protection (DEP), which authorizes the issuance of various phosphate-mining permits to IMC Phosphates Company (IMC). We affirm the final order and the issuance of the permits but write only to address the propriety of the remand procedure employed in this case.

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