Legal Challenge Against EPA for Road with Radioactive Waste in Florida
In a recent turn of events, the U.S. Environmental Protection Agency (EPA) is facing a legal challenge for its approval of a contentious plan involving radioactive waste in a road project in Florida. This development has sparked controversy and raised concerns about the potential risks to public health and the environment.
The Center for Biological Diversity, an advocacy group, took action by filing the challenge on February 19 in the 11th U.S. Circuit Court of Appeals under the Clean Air Act. The group argues that the EPA’s decision to allow the use of phosphogypsum, a radioactive, carcinogenic, and toxic waste produced by the fertilizer industry, in road construction goes against established regulations and poses significant health hazards.
The focal point of the legal challenge revolves around a road project proposed at the New Wales facility of Mosaic Fertilizer, a subsidiary of The Mosaic Company, located about 40 miles east of Tampa. Despite the EPA’s approval of the project in December 2024, concerns persist regarding the potential widespread use of toxic waste in road construction and its implications for public safety.
Ragan Whitlock, Florida staff attorney at the Center for Biological Diversity, expressed apprehension about the broader implications of the project, stating, “It’s being billed as the intermediate step between laboratory testing and full-scale implementation of the idea. So our concern is that whatever methodology is used for this project will be used for national approval down the road.”
Phosphogypsum, the radioactive waste in question, contains radium, which decays to form radon gas, both of which are known to be carcinogenic. Typically, phosphogypsum is managed in engineered piles called stacks to minimize public exposure to radon emissions. However, with over 1 billion tons of the waste already stored in Florida stacks and an additional 40 million tons generated annually by the fertilizer industry, concerns about the safe disposal and use of phosphogypsum continue to mount.
Mosaic’s plan to build a test road near its Florida stack with varying mixtures of phosphogypsum has raised eyebrows. The road base would be constructed using the waste material and covered with asphalt, with University of Florida researchers participating in the study. While the EPA received numerous comments opposing the use of phosphogypsum in road construction and criticizing waste management practices, the agency maintained that these concerns fell outside the scope of its review.
Despite the controversy surrounding the project, the EPA defended its decision in the Federal Register, stating that Mosaic’s risk assessment was technically sound and that the project met regulatory requirements. The agency concluded that the project’s potential radiological risks were in line with public health protection standards, comparing it favorably to the alternative of storing phosphogypsum in a stack.
This legal challenge comes on the heels of previous environmental incidents involving Mosaic, such as the 2021 leak at its Piney Point site that released millions of gallons of contaminated water into Tampa Bay. Mosaic’s track record has come under scrutiny, further fueling concerns about the company’s environmental practices and regulatory compliance.
As the legal battle unfolds, the implications of the EPA’s decision to allow radioactive waste in road construction remain a contentious issue. The outcome of this challenge could have far-reaching consequences for environmental policy, public health, and industrial waste management practices in the United States. The need for transparency, accountability, and stringent regulatory oversight in managing hazardous materials is more critical than ever in safeguarding our communities and ecosystems.
