Last week the U.S. Court of Appeals for the 11th Circuit lifted a 10-month ban on mining in the
78-square-mile Lake Belt Area located east of Everglades National Park and northwest of
metropolitan Miami.

Mining of the Lake Belt Area produces close to half of the limestone and one-fourth of the
cement used for a variety of construction purposes across the state.

The Sierra Club brought a suit against the Army Corps of Engineers for granting mining
companies Clean Water Act permits to mine in the area. Prior to issuing permits, the Corps had
to follow procedures required by the National Environmental Policy, Endangered Species, and
Clean Water Acts. The Sierra Club brought suit, accusing the Corps of acting arbitrarily and
capriciously in granting the permits.

A lower court found in favor of the Sierra Club, however the 11th Circuit Court of Appeals
vacated the district court's grant of summary judgment and remanded the case to the district
court to apply the proper standard of review to the Corps' environmental analysis.

Bottom Line: Although litigation will continue in the lower court, mining will resume for at least
the time being. Locally mined aggregate keeps road, home and commercial construction costs in Florida down at a time of rising prices worldwide, and should be encouraged when done in an
environmentally safe manner. In the instant case, mining companies pay for a two-mile buffer in
order to protect Everglades National Park.