Our Phosphate Risk

Latest deal

Published By: Sun Herald

A team of local government representatives and Mosaic Fertilizer have refined a proposed litigation settlement compact. Here's a look at the latest changes:

• The pact now calls for the local governments and Mosaic to determine whether Mosaic's impact study of its Ona mine would suffice. The clause represents a compromise on Charlotte attorney Ed de la Parte's effort to garner Mosaic's support for an Area-wide Environmental Impact Statement.
• The pact now strikes language that would have required the counties to police their employees and take actions to stop them from voicing opposition to phosphate mining.
• The pact now calls for an annual "State of the Compact" report that may be released to the public.
• The pact now includes a one-page "framework" for the proposed monitoring program, which to be established in 180 days. The framework calls for the monitoring to be "adequate to detect an ecological significant change (in water quality) within a reasonable period of time."
• Mosaic agrees to name the local governments as "additional insured" under a $50 million insurance policy to cover against clay settling area spills. But the pact still allows Mosaic to provide the coverage through "parental guarantees" if "general industry conditions" prevent the company from maintaining insurance coverage.
• The pact calls for Mosaic to keep mining outside of the 100-year flood plains of the Peace and Myakka rivers and about a dozen smaller creeks, in addition to seven major Peace tributaries.
• A site for a 6.5 billion-gallon reservoir would be provided "at no charge."
• The local governments would be barred from filing lawsuits, unless such legal action was needed to protect citizens against an "imminent, serious threat to the health, safety and welfare."

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