The U.S. Environmental Protection Agency is facing a legal challenge following its approval of a controversial plan to incorporate radioactive waste into a road project. The Center for Biological Diversity recently filed a challenge in the 11th U.S. Circuit Court of Appeals under the Clean Air Act, arguing that the use of phosphogypsum in road construction poses significant risks to public health.
Phosphogypsum is a radioactive, carcinogenic, and toxic waste produced by the fertilizer industry. Since 1992, the EPA has prohibited the use of this waste in road construction due to the potential health hazards it poses. However, the agency approved a road project at the New Wales facility of Mosaic Fertilizer in December 2024, sparking concerns about the implications of this decision.
The advocacy group is particularly worried that the approval of this project could set a precedent for more roadways to be built using toxic waste. Ragan Whitlock, Florida staff attorney at the Center for Biological Diversity, expressed concerns about the long-term implications of this project, stating that it could pave the way for national approval of similar initiatives in the future.
Phosphogypsum contains radium, which decays to form radon gas, both of which are radioactive and can cause cancer. Typically, phosphogypsum is disposed of in engineered piles called stacks to minimize public exposure to radon emissions. In Florida alone, more than 1 billion tons of this waste are stored in stacks, with an additional 40 million tons being added each year by the fertilizer industry.
Mosaic plans to construct a test road near its Florida stack, with four sections using varying mixtures of phosphogypsum. The waste will be used in the road base and paved over with asphalt, with University of Florida researchers participating in the study. Despite receiving opposition to the proposal and criticism of current waste management methods, the EPA deemed the project technically acceptable and in compliance with regulatory requirements.
Mosaic has faced scrutiny in the past following a leak at its Piney Point site in 2021, which led to the release of 215 million gallons of contaminated water into Tampa Bay. The company has not yet responded to requests for comment on the legal challenge.
The legal battle over the use of radioactive waste in road construction highlights the importance of ensuring public health and safety in infrastructure projects. As the case unfolds in court, the outcome will have significant implications for future decisions regarding the disposal and utilization of hazardous waste materials.
