Union County after mining [hasn’t happened yet, no thanks to HPS II.]Many of our readers have learned of the recent dismissal of the lawsuit HPS II had against Union Co. and here we have some information. Thanks to Michelle Rose Moretti and Kate Ellison for images, and to Rachael Curran of Center for Biological Diversity for legal information.
Many felt that the Bert Harris act, the basis of the legal challenge, was a weak argument. Documents addressing the act, written by prominent lawyers Randall Denker of Tallahassee and Paul Boudreaux of Stetson University College of Law, more than adequately show the ineffectiveness and inappropriateness of this act in regard to fracking, and at least some of their reasons should apply to phosphate mining.
Some of the unanswered questions posed by Tracy Lee Tate [below] relating to this dismissal are solved by Rachael Curran. With her permission, I am posting here her comments after her consultation with Russ Wade, the Union County Attorney:
He [Russ Wade] confirmed the joint stipulation of dismissal was unconditional and there was no outside settlement. They are still waiting for HPS to execute and file with the court. Once that happens, the dismissal will be effective as of the date of the filing of the joint stip. Keep in mind that even though this is without prejudice (meaning there’s a possibility that HPS II could re-open or re-file their case based on the same Bert Harris Act claim), there’s still a Bert Harris Act statute of limitations of 4
Rachael Curran. Photo by Jim Tatum.
years from the date the Notice of Claim was first sent to the County. The Notice of Claim was sent October 29, 2018, and since the statute of limitations wasn’t tolled by any HPS II administrative or judicial action seeking relief from the government action forming the basis of the Notice of Claim (the Comp Plan Amendments and LDRs) as far as I can tell, the statute of limitation runs October 29, 2022, after which they are time-barred from refiling or reopening the same case. That’s about four months from now, and it’s unlikely HPS would re-file or reopen the same lawsuit based on the same Bert Harris claim between now and then. They could always submit a new application or resubmit the old one so that the County actually has to review it (the only other time HPS II submitted an application was during the moratorium which is why it was never decided upon), but the County would use the current comp plan and LDRs to process the application now, and due to the very limited acreage that’s now available for a mining permit, the end result would almost certainly be a denial, (that HPS is free to submit another Notice of Claim on within a year, but that would be even more baseless than the October 29, 2018 one.
There’s of course still Bradford County to contend with, but draglines and beneficiation plants are very expensive and its highly unlikely mining only the amount of acreage in the Bradford side of the MMP would be economically feasible.
Neither Attorney Wade nor the commissioners have any idea why HPS is dismissing, and they were just as surprised and happy as we are. I’d let HPS II answer reporters’ questions on that one and not speculate. There is the very small chance that HPS II will change its mind and not execute the joint stipulation of dismissal, but I doubt it. I’d go ahead and celebrate as soon as the joint stipulation of dismissal hits the court docket. Union County OCRS (civitekflorida.com)
Next step is getting Bradford to deny the permit application, and then adopting similar comp plan amendments and LDRs that Union County did. A campaign to get all the counties in the ridge/deposit to adopt comp plan amendments and LDRs with the same effect would be great.
OSFR has spent a lot of time, money and effort fighting this attempt by a company which, for money, would put the Santa Fe River at great risk
Carol Mosley. Photo by Jim Tatum
of permanent catastrophic contamination. Under the direction of Merrillee Malwitz-Jipson, a local group was formed called Citizens Against Phosphate Mining. Along with OSFR, that group has continued the years-long fight and among the locals, Carol Mosley has been the stalwart advocate, along with Cindy North and Carol Burton. They, and others also, have spent untold hours collecting documents, attending meetings and writing letters.
One must once again recognize the wisdom, courage and persistence of the Union County Commissioners who, under tremendous threats, intimidation and pressure, have remained steadfast in their determination to preserve the rural lifestyle that HPS II would take from them forever.
That a group of landowners could take it upon themselves to risk destroying a thing such as the Santa Fe River for personal profit is an unspeakable transgression, and is a deafening shout out to us why we need to put the amendment in our Constitution to prevent this criminal act and others of its ilk.
Our Santa Fe River, Inc is a Florida not-for-profit 501 (c)(3) organization composed of concerned citizens working to protect the waters and lands supporting the aquifer, springs and rivers within the watershed of the Santa Fe River. We do this by promoting public awareness pertaining to the ecology, quality, and quantity of the waters and lands immediately adjacent to and supporting the Santa Fe River, including its springs and underlying aquifer.
Congratulations to all and kudos to the Union County Board. I never could understand why some wealthy landowners would alienate the communities they live and run successful businesses in by ruining their environment. Now that everyone has come to their senses, peace be with you all.
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Thank you for sharing this. Hats off to all the bulldogs that sunk their teeth into stopping this and never let go!
Congratulations to all and kudos to the Union County Board. I never could understand why some wealthy landowners would alienate the communities they live and run successful businesses in by ruining their environment. Now that everyone has come to their senses, peace be with you all.