SIERRA CLUB FLORIDA NEWS

Florida Phosphate Campaign Update

Altman Tract Phosphate Mine Update

As reported previously, phosphate mining giant Mosaic Fertilizer’s plans to strip mine the wetland-rich Altman mine were stopped dead in its tracks, thanks to years of activism by the Manatee-Sarasota and Greater Charlotte Harbor Groups, Sierra regional staff, and a September 2008 Manatee County Commission vote to deny the land use change and mining plan that Mosaic would require.

Not two weeks after the historic denial vote Mosaic informed Manatee County that it would file a “takings claim” for the value of the phosphate on the tract, which it estimated to be $617 million, unless the county reversed its decision in 90 days.

Several days after that legal threat was made, the legal challenge filed in July 2008 by the Sierra Club, GRN, Manasota-88 and 3PR against the Army Corps of Engineers (the Corps had issued the Altman wetland permit without having completed an environmental impact statement for the proposed mine – a requirement under the CWA and NEPA) resulted in a suspension of Mosaic’s Altman permit. The Corps had determined that it was in the public interest to revisit the analysis in support of the permit decision.

However, the federal permit suspension did not stop Mosaic from wielding its various forms of pressure on the Manatee County Commissioners and legal staff. In December 2008, after two new pro-business commissioners were sworn in, the public was given only 6 days notice of the existence of a Mosaic settlement agreement before the new commission voted (without any public hearing or public vetting of the settlement language) to invalidate the September denial vote, readdress the Altman Tract permitting issues, and take a new vote by February 5, 2009.

The settlement agreement language itself made it clear that a vote for the agreement would lead to a rubber stamp approval of the Mosaic proposal at the hearings scheduled in January and February but that did not stop us from rallying our activist troops to make another stand against the mine.

In the course of the 3-month campaign against the settlement we had Sierra Club members from Manatee, Sarasota, Hardee, Desoto, Charlotte and Hillsborough Counties attend the Manatee County Commission hearings and we were joined by our friends and allies from ManaSota-88, People for Protecting the Peace River and Gulf Restoration Network. We also organized more Duette-area residents (those who live close to the Altman Tract) opposed to the mine than we ever had before.

Attendees challenged the county's failure to provide its citizens due process in making its rezoning decision and challenged the legality of the decision itself – what a show of strength! Many thanks to everyone who attended the Manatee Board of County Commissioners meetings in December, January and February – the impression we made together will not be soon forgotten. Activism in the Sierra Club is alive and well!

Although the new Manatee Board of County Commissioners did vote on February 5 to permit mining on the Altman Tract, this fight is not over. On February 17, Sierra, along with ManaSota 88 and several citizens, filed suit in Circuit Court to prevent the Manatee County – Mosaic settlement and Altman zoning change to take place. Our petition cited numerous failures of the county to follow its own rules and procedures.

The battle will continue on several new fronts and we will keep pressuring the various powers-that-be to protect the natural environment and our precious water resources. Mining on the Altman Tract would destroy 400 acres of pristine wetlands in the 2,048 acre tract, which sits at the headwaters of Horse Creek, a major tributary to the Peace River. This watershed is of great ecological importance, as well as a source of drinking water for southwest Florida. - Sierra Club Regional Office, St Petersburg

Florida Phosphate Campaign Victory

Altman Tract land use change
denied by Manatee County;
Federal permit in litigation

(BRADENTON) - Phosphate mining giant Mosaic Fertilizer’s plans to strip mine the wetland-rich Altman mine have been stopped dead in its tracks, thanks to years of activism by the Manatee-Sarasota and Greater Charlotte Harbor Groups, Sierra regional staff, a recent vote by Manatee County commissioners, and a legal challenge.

The recent legal challenge to the US Army Corps of Engineers dredge and fill permit was filed in July by Earthjustice, representing the Sierra Club and three other organizations working in coalition with us. We have put a stop to Mosaic’s plans to destroy 400 acres of pristine wetlands in the headwaters of Horse Creek, a major tributary to the Peace River. This watershed is of great ecological importance, as well as a source of drinking water for southwest Florida. The project threatened surface and ground water quality and flow in the region.

Manatee-Sarasota and Greater Charlotte Harbor Group activists have been fighting the Altman mine for years by mobilizing county residents to speak out, working with other groups, and by encouraging down-river counties to oppose the various state and federal permits needed by Mosaic.

In order for the mining to take place, Mosaic also needed to obtain a land use change and mining plan approval from the Manatee Board of County Commissioners. The county commissioners had often postponed decision-making on Mosaic’s request, mainly due to public opposition to the environmental damage, and recommendations from the county’s own staff to deny the proposal.

Mosaic did make some improvements in protections over the course of the years, but could not prove that they could restore the wetlands to their current high quality, nor were they willing to avoid key connecting wetlands south of the property’s central marsh. To try to sweeten the deal, Mosaic offered to throw in funding for a fire station and park in Duette.

When Manatee County commissioners made an unexpected move to approve a development order for the 2048-acre Altman Tract mine this spring, Sierra activists were moved to organize a “Stop Phosphate Mining” rally that drew more than 60 residents and was covered by both newspaper and television press. Over the summer we conducted door-to-door outreach in Duette (the community closest to the Altman Tract) and worked with other organizations (Protect Our Watersheds, People for Protecting the Peace River (3PR), Gulf Restoration Network (GRN), and Manasota-88) to educate and mobilize the public in Manatee, Sarasota, Charlotte, Lee, Hardee and Desoto counties.

In July, in association with several coalition partners (GRN, Manasota-88, 3PR, and our Manatee-Sarasota Group), the Sierra Club took legal action against the Army Corps of Engineers. The Corps had issued the Altman wetland permit without having completed an environmental impact statement for the proposed mine – a requirement under the CWA and NEPA.

Sierra volunteers sent innumerable emails to county commissioners and local newspapers in four different counties published anti-mine LTEs in the five months leading up to the September public hearing. Mosaic, tired of waiting for a decision and interested in getting its permits before the end of the year, pushed county staff hard to make sure a vote would be taken on September 16.