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NewsCreative Loafing TampaAugust 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.

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Why It Matters

The court's decision confirms the regulatory path for using industrial radioactive waste in infrastructure projects, impacting how fertilizer production byproducts are managed and disposed of in Florida.

Key Facts

  • A three-judge federal appellate panel ruled against the Center for Biological Diversity.
  • The court upheld the EPA's approval of using phosphogypsum in road construction.
  • Phosphogypsum is a radioactive byproduct generated during fertilizer production.
  • The ruling specifically applies to experimental road construction projects.
  • The projects are located on private land owned by Mosaic Fertilizer.
  • The construction site is located in Polk County, Florida.

Who's Mentioned

personStanley Marcus“The judge who wrote the appellate court's opinion.”organizationMosaic Fertilizer“The company conducting the experimental road construction using phosphogypsum.”organizationUniversity of Florida“Partnering with Mosaic to research the use of phosphogypsum in roads.”organizationEnvironmental Protection Agency“The federal agency that approved the use of phosphogypsum for the road project.”personRobin Rosenbaum“A judge on the three-judge panel.”personMichael Lexner“A local resident and member of the Center for Biological Diversity who challenge”personBarbara Lagoa“A judge on the three-judge panel.”organizationCenter for Biological Diversity“The organization that challenged the EPA's approval of the road project.”locationPolk County“The location of the experimental road project.”