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Florida Phosphate Gypsum Stacks Display Severe Environmental Impacts

Nov 1, 2015 |
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(Fig 1, Gypsum Stack - www.tampabay.com ) One of EPA’s (Environmental Protection Agency) main concerns with phosphate mines in Florida are with gypsum stacks (gypstack). This concern ... Read more

Florida Phosphate Mining In Sovereignty Lands

Jun 19, 2016 |
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Since the turn of the twentieth century, the phosphate industry purchased large tracts of land in west central Florida, including the upper Peace River watershed. Florida’s phosphate industry ... Read more

Florida Phosphate Rock Quandary

Nov 1, 2015 |
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Florida Phosphate Rock Quandary Many years ago, the ocean flooded an ancient land mass today we call Florida and a layer of sand and clay rich in tiny phosphate particles were deposited. ... Read more

Do Floridians Know About Phosphate Production’s Many Hazards?

Jan 4, 2016 |
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Florida’s phosphate industry creates many serious environmental impacts during the “wet” process in the production of fertilizer (1), including unmetered groundwater consumption. ... Read more

The Phosphate Risk: Welcome

Aug 31, 2015 |
PR: 3
The Phosphate Risk in Florida. Dragline mining machine. Phosphate companies have mined out central Florida. The phosphate depleted, the companies have ... ... Read more

Natural Spring Venue Dollars are Significant To Florida Economy

Jan 4, 2016 |
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I recall as a young boy growing up in west central Florida that natural springs were clean, fresh, and plentiful. Everyone I knew at that time had easy access to natural springs in many forms because ... Read more

Florida Residence Take FIPR Survey on the Phosphate Industry Practices

Sep 19, 2015 |
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Do Florida’s residents know about the phosphate industries abysmal practice of destroying Florida’s geographical environment for the phosphate some 40 feet beneath the surface? ... Read more

Florida’s Politicians Follow the Phosphate Money

Oct 8, 2015 |
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The Florida phosphate industry demonstrates the need to donate millions of dollars to Florida’s politicians. This is easily seen by researching where, when, and how much money Florida’s ... Read more

Fertilizer Production Displays Adverse Effects On Industry Workers

Jan 18, 2016 |
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(Fig. 1) Phosphate Strip Mining In Central Florida Fortunately for the United States, Central Florida is home to the largest known phosphate reserves in the world. Phosphate and its derivatives ... Read more

Phosphate Industry Strip Mining Central Florida Watersheds

May 17, 2016 |
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The state of Florida owns all riparian lands and navigable waterways held in “trust” for the public at large by the sovereignty granted to Florida at statehood in 1845 by the United ... Read more

Florida Mines - Phosphate Draglines Aquifers, Overburden and Sinkholes

Jul 27, 2015 |
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Florida Mines (Bone Valley) phosphate draglines causing Florida aquifer formation destruction, sinkholes, bone valley mines. ... Read more

EPA Disrespected by Florida’s Politicians Concerning Phosphate Radiation

Dec 18, 2015 |
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(Fig. 2) Phosphate Drag Line In Background - Phosphate Waste In Foreground Florida’s phosphate dilemma started a lifetime ago when fate and the Army Corps of Engineers happened to uncover ... Read more

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Florida Phosphate Mining In Sovereignty Lands

Jun 19, 2016 |
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Since the turn of the twentieth century, the phosphate industry purchased large tracts of land in west central Florida, including the upper Peace River watershed. Florida’s phosphate industry ... Read more

Florida Sinkholes Created By Phosphate Mining

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Florida Phosphate Mining And The Public Trust Doctrine

Jun 12, 2016 |
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During the past seventy years of phosphate strip mining in west-central Florida, the phosphate industry has at some time been faced with strip mining navigable waterways and riparian lands as defined ... Read more

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Phosphate Industry Strip Mining Central Florida Watersheds

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Florida Phosphate Industry Practices Severely Disturb Navigable Waterways?

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Phosphate Industry Siege On Alafia River And Watersheds

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Phosphate Mining In The Myakka River Watershed

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Florida Riparian Lands And Navigable Waterway Rights

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Florida Phosphate Mining And The Public Trust Doctrine

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Florida Phosphate Mining And The Public Trust Doctrine

Florida’s elected officials may be overlooking navigable waterways and riparian lands laws. Elected officials may be permitting Florida’s phosphate industry to strip mine large tracts of public land. These large tracts of land hold public waterways and lands based on Florida’s Public Trust Doctrine.

During the past seventy years of phosphate strip mining in west-central Florida, the phosphate industry has at some time been faced with strip mining navigable waterways and riparian lands as defined by “The Public Trust Doctrine”. The doctrine defines navigable waterways and riparian lands adjacent to the waterways as public domain. The Public Trust Doctrine is consistent year after year the basis for The Florida Supreme Court decisions in matters disputing the validity of public waterways and public lands or “sovereignty lands.”

The Florida Supreme Court is no stranger to cases involving navigable waterways and riparian lands. The Court consistently through the years based their decisions on “navigability” using The Public Trust Doctrine as a guide since the turn of the twentieth century. The latest case involving the Peace River and watershed concerns “swamp deeds”. The Public Trust Doctrine was found to trump all “property deeds of ownership” by individuals claiming rights of ownership through “swamp deeds” to public waterways and riparian lands. Clearly the Florida judicial system historically sides with the Public Trust Doctrine, seeming constitutional in practice. Florida’s Supreme Court relies on the Public Trust Doctrine to settle many disputes concerning navigable waterways and riparian lands.

An empirical example of navigable waterways and riparian lands is an area in west central Florida called the Peace River Basin and Watershed. This particular watershed is known to be traveled by early pioneers and Native Americans before 1845, so at the time of statehood in 1845, the Peace River watershed became the property of the state of Florida given by sovereignty of the United States for public use in transportation, commerce, leisure, and the like.

Unfortunately, Florida’s phosphate industry land is also located in the Peace River watershed. Phosphate industry officials may direct mining operations to strip mine public (3) waterways and riparian lands without much ado from agents of the state charged with protecting Florida’s public waterways and land. It appears the phosphate industry may be illegally strip mining public lands and waterways. Some of the large tracts in question which also hold navigable waterways in the Peace River watershed are being strip mined daily. The public lands and waterways described above are “permitted” by state officials to be strip mined for phosphate. Sadly, Florida’s citizens are unaware of the severe environmental impacts caused by phosphate industry practices.

However, state officials issuing permits to the phosphate industry may not have sovereign authority to do so, based on the Public Trust Doctrine (2). Constitutionally, Florida state officials have no “power to convey” navigable waterways and riparian lands to any entity, said in a ruling from the Florida Supreme Court. The Court said Florida’s elected officials cannot convey public lands and waterways because they do not have the “sovereign authority” to do so.

The Public Trust Doctrine is a living document due to many reasons, but one reason in particular. When Florida land surveyors first surveyed Florida and all that it includes, the surveyors did such a terrible job that their results were found to be in error in most cases and cannot be trusted for accuracy. Many navigable waterways and riparian lands were never surveyed as intended causing large tracts of land holding public waterways and lands to be sold or misappropriated by mistake. Either way, public waterways and lands have been and continue to be strip mined by Florida’s phosphate industry.

Large tracts of land in the Peace River watershed apparently may be conveyed in error by state officials not authorized to do so based on The Public Trust Doctrine. This may be the case with phosphate industry property in the Peace River watershed where phosphate strip mining occurs daily. If this is the case, then the appropriate state agencies may be unaware of their responsibilities concerning The Public Trust Doctrine.

Florida’s citizens are unaware of the loss of Florida’s public waterways and lands by strip mining over the years because little information is mentioned locally to bring public awareness on this subject to the forefront. Year after year the phosphate industry insidiously strip mines more possible navigable waterways and riparian lands hid from public view or knowledge.

Florida’s elected officials also filter critical environmental information about severe environmental impacts caused by the phosphate industry. (1) Florida elected officials were aware and understood public rights are being overlooked concerning The Public Trust Doctrine in the Peace River watershed.

Read more from Davey Crockett @ https://www.flmines.com/phpLD – Florida Mines Directory

Reference

1. Public Trust Doctrine. - guides.law.fsu.edu/c.php?g=84869&p=547198.

2. THE PUBLIC TRUST DOCTRINE AND SOVEREIGNTY LANDS -.jstor.org/stable/42842545.

3. The Public Trust Doctrine: Historic Protection for Florida's Navigable Waters-.floridabar.org/divcom/jn/jnjournal01.nsf/Author/8D98D298C0060C0785256B110050FFB7.

Read more from Davey Crockett @ https://www.flmines.com - Florida Mines

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