Supreme Court will not hear CF permit case

Washington—The U.S. Supreme Court on Jan. 27 denied a writ of certiorari by an opponent of CF Industries Holdings Inc.’s plans to expand its permit for the Hardee Phosphate Complex South Pasture Mine. The plaintiff, the Florida Institute for Neurological Rehabilitation (FINR), had lost in lower courts when it argued that its status as a “rural center,” granted by Hardee County, allowed it a quarter-mile setback from any CF mining. It also argued about potential air and noise pollution from the mining. FINR uses its 872 acres for outside activities, including gardening and horseback riding for those in rehabilitation. An administrative law judge said FINR’s evidence was not allowed under the permitting jurisdiction of the Florida Department of Environmental Protection. CF argued that the rural center designation did not negate CF’s vested property rights.