A spokesperson for Titan America said the company is well- prepared to maintain production at the Pennsuco cement plant, to address customer needs and to meet its commitments, despite a new Federal District Court ruling.
On January 30, 2009 the US South Florida Federal District Court issued a ruling canceling all permits approved in 2002 for limestone mining in the Lake Belt area of Miami-Dade, with immediate effect. The ruling pertains to nine US Army Corp of Engineers (ACE) permits held by several companies, including Titan America LLC’s subsidiary, Tarmac America LLC.
The same Court had invalidated the same permits in a July 2007 ruling. The companies involved appealed to the 11th Circuit Court of Appeals in Atlanta which in May 2008 reversed that order and returned the case to the District Court for a more deferential review. But the District Court still found basis to cancel the 2002 permits, stating that the ACE “acted arbitrarily and capriciously in concluding that this limestone excavation is water dependent and that no practical alternatives existed.”
Titan Florida Business Unit President, Hardy Johnson commented, “We plan to appeal – and vigorously. Our economy is in critical need for jobs and construction materials, especially in Florida, to support the proposed infrastructure stimulus program.”
Separately, the ACE is continuing its administrative review of the company’s application for an additional permit for longer-term mining in the Lake Belt area. This review, including the related environmental impact statement, is expected to conclude in 2009.
Titan America is one of the premier heavy building materials producers in the Eastern United States with cement, aggregates, concrete and fly ash operations and is headquartered in Norfolk, Virginia. Its parent, Titan Cement Company, S.A., headquartered in Athens, Greece, is a signatory to the UN Global Compact, a group of companies committed to sustainable and socially responsible business practices.