PEACE RIVER/MANASOTA REGIONAL WATER SUPPLY AUTHORITY; Charlotte County; Sarasota County; Lee County; and Sierra Club, Appellants,
v.
IMC PHOSPHATES COMPANY n/k/a Mosaic Fertilizer, LLC; Department of Environmental Protection; Alan Behrens; and DeSoto Citizens Against Pollution, Inc., Appellees.
District Court of Appeal of Florida, Second District.https://leagle.com/images/logo.png
February 10, 2009.
Rehearing Denied April 14, 2009.
Attorney(s) appearing for the Case
Douglas Manson and Robert Birrenkott of Manson Law Group, P.A., Tampa; John R. Thomas of Thomas & Associates, P.A., St. Petersburg, for Appellant Peace River/Manasota Regional Water Supply Authority.
Edward P. de la Parte, Jr., and David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa, for Appellant Charlotte County.
Stephen E. DeMarsh, County Attorney, and David M. Pearce, Assistant County Attorney, Sarasota, for Appellant Sarasota County.
David M. Owen, County Attorney, and Susan Henderson, Assistant County Attorney, Fort Myers, for Appellant Lee County.
Leon Jacobs, Tallahassee, and Eric Huber, Boulder, Colorado, for Appellant Sierra Club.
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, GA; 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.
No appearance for Appellees Alan Behrens and DeSoto Citizens Against Pollution, Inc.
District Court of Appeal of Florida, Second District.
VILLANTI, Judge.
The Peace River/Manasota Regional Water Supply Authority (the Authority), joined by three counties and the Sierra Club, appeals the final order issued by the Department of Environmental Protection (DEP) that granted various permits to IMC Phosphates Company (IMC) to operate a new phosphate mine. The Authority raises three grounds for review: (1) that the Administrative Law Judge (ALJ) erred when he determined that the Authority lacked standing to...
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