Legal Opinion

Environmental Confederation of Southwest Florida, Inc. v. State, Department of Environmental Protection

District Court of Appeal of Florida

Decided October 28, 2004No. Nos. 1D03-0784, 1D03-1717PublishedCited by 6 opinions

1Opinion of the CourtWolf, C.J.

These two consolidated cases involve timely appeals of final orders from the Department of Environmental Protection (DEP) dismissing appellants’, Environmental Confederation of Southwest Florida’s (ECOSWF) and Manasota-88, Inc.’s (Manasota-88), petitions for formal administrative hearing, challenging in one case the DEP’s renewal of a permit to operate an underground injection well in Charlotte County, and challenging in the other case the decision of the DEP to issue a phosphate mining permit to IMC Phosphates, Inc. (IMC). The DEP dismissed both petitions on the ground that appellants could…

2Cases cited22 opinions

  1. Smith v. Department of Ins.Supreme Court of Florida · 1987
  2. State v. ThompsonSupreme Court of Florida · 1999
  3. Salters v. StateSupreme Court of Florida · 2000
  4. Franklin v. StateSupreme Court of Florida · 2004
  5. State v. LeeSupreme Court of Florida · 1978

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3Cited by6 opinions

  1. Lakeland Regional Medical Ctr. Inc. v. AhcaDistrict Court of Appeal of Florida · 2006
  2. Hampton v. Cale of Fort Myers, Inc.District Court of Appeal of Florida · 2007
  3. Morgan v. Department of Environmental ProtectionDistrict Court of Appeal of Florida · 2012
  4. ECOSWF, INC. v. StateDistrict Court of Appeal of Florida · 2004
  5. Northwood Associates, LLC v. Michael Ertel, in his official capacity as Secretary of StateDistrict Court of Appeal of Florida · 2019

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