It is wishful thinking at its worst.
Administrative law judge Donald Alexander dismissed claims by Sarasota and Lee counties that the 10,800-acre mine would further reduce flows in the already constricted river. The Peace is a major source of drinking water for Sarasota, Charlotte and DeSoto counties. Phosphate mining in the river basin, along with population growth, is a major factor in the Peace's reduced flow.
Alexander also denied the claim that the mine -- which will wipe out 641 acres of wetlands and 11 miles of streams -- will unduly affect Charlotte Harbor, one of Florida's most productive estuaries for fish and a recreational resource for Charlotte and Lee. The Peace empties into the harbor, and the health of the estuary depends on the river's freshwater flow.
Instead, the judge ruled that the Mosaic Co.'s plans to restore the streams and wetlands after mining meet the requirements of the state Department of Environmental Protection. He recommended that the DEP issue Mosaic a mining permit.
The ruling runs counter to a finding by the federal Environmental Protection Agency -- hardly a bastion of tree-huggers during President Bush's administration. The EPA recommended last year that the Army Corps of Engineers deny a permit for the mine, stating that the wetlands destruction would violate the Clean Water Act. The corps has yet to rule on Mosaic's request, and we urge that it be rejected.
Alexander also contradicts a county consultant's conclusion, backed by three scientists, that there is "no history of the phosphate industry being able to successfully restore streams."
So if Alexander is correct, and the Mosaic plans meet the DEP's requirements, then the Legislature needs to overhaul Florida's environmental laws.
Sarasota County Commissioner Jon Thaxton, speaking to the Herald-Tribune's Kate Spinner after the ruling, said it best:
"The rules governing phosphate mining are pathetic in terms of protecting the environment. ... You have rules that have been manipulated to protect the industry's over the public's."
The lax laws, and a perpetually compliant DEP, have forced local governments time and again to spend taxpayers' dollars to defend against the impacts of phosphate mining and production.
Charlotte County alone has spent some $12 million in the past decade fighting proposals to mine in the Peace River Basin. Lee County has spent another $4 million.
These legal challenges would not be necessary if state laws and agencies adequately protected the environment and water supply.
Judge Alexander's faith that the phosphate industry will be sufficiently constrained by the DEP and will magically restore the streams and wetlands that it destroys is not borne out by history. We wish that the truth were otherwise.
