Court Overturns ban on Titan’s FL mine–for now

Earlier this month, Titan and other limestone mine operators in Miami/Dade County successfully appealed a lower court ruling that had halted the company’s mining activities in Florida for 10 months due to suspected benzene contamination of the underlying Biscayne Aquifer–the primary water source for Miami. County investigators suspected the benzene–a known carcinogen released from burning hydrocarbons–was coming from the explosive charges used in the mining process, but the County’s Sewer and Water Board apparently forced the resignation of the supervisor who ordered the investigation before it was complete. An investigative piece by the Miami New Times gives an excellent overview of the issue–as well as the political power brought to bear by the limestone mining industry.

Though the appeals court sent back Federal Judge William Hoeveler’s ruling by a slim 3-2 majority, they left open the possibility of an even tougher ruling to protect Miami’s water. In his ruling, Judge Hoeveler was pretty explicit about his feelings on the U.S. Army Corps of Engineers’ backbone when it comes to regulating this industry:

“In three decades of federal judicial service, this Court has never seen a federal agency respond so indifferently to clear evidence of significant environmental risks,” Hoeveler wrote. “It now appears that even the local governmental agencies have yielded, perhaps as a result of increasing pressure from the mining companies or others.“–Judge William Hoeveler.