NewsCreative Loafing Tampa Bay — NewsAugust 13, 2026Hillsborough
Federal appeals court upholds EPA approval of radioactive phosphogypsum in road construction
A federal appellate court rejected a legal challenge against the EPA's decision to allow the use of phosphogypsum, a radioactive byproduct of fertilizer production, in experimental road construction projects. The ruling permits Mosaic Fertilizer to proceed with using the material on its private land in Polk County.
Read the full story at Creative Loafing Tampa Bay — NewsWhy It Matters
The court's decision confirms the regulatory path for using industrial radioactive waste in road construction, impacting how fertilizer production byproducts are managed and disposed of in Florida.
Key Facts
- A federal appellate court ruled against the Center for Biological Diversity's challenge to the EPA.
- The EPA previously approved the use of phosphogypsum in experimental road construction.
- Phosphogypsum is a radioactive byproduct generated during fertilizer production.
- Mosaic Fertilizer is the company authorized to use the material for road construction.
- The construction projects are located on Mosaic Fertilizer's private land in Polk County.
- The court decision was issued by a three-judge panel.
Who's Mentioned
personStanley Marcus“Judge on the 11th Circuit Court of Appeals who wrote the opinion.”organizationMosaic Fertilizer“Company using phosphogypsum in experimental road construction.”organizationUniversity of Florida“Partnering with Mosaic to research phosphogypsum road use.”organizationEnvironmental Protection Agency“Federal agency that approved the use of phosphogypsum for road construction.”personRobin Rosenbaum“Judge on the 11th Circuit Court of Appeals panel.”other18“Duration in months of the experimental road project.”other500“Length in feet of the four road sections.”personMichael Lexner“Local resident who challenged the project due to health and property concerns.”personBarbara Lagoa“Judge on the 11th Circuit Court of Appeals panel.”organizationCenter for Biological Diversity“Plaintiff challenging the EPA's approval of radioactive road material.”locationPolk County“The location where the experimental road construction is taking place.”