11th Circuit Backs Florida Road Made From Radioactive Fertilizer Byproduct
On August 12, 2026, the 11th Circuit upheld Florida’s pilot road made from radioactive fertilizer byproduct phosphogypsum.
Why it matters: This ruling sets a key precedent for legal teams and regulators handling infrastructure projects involving radioactive fertilizer waste. It shapes evolving environmental compliance and public health standards on reusing phosphogypsum, a byproduct containing radium decay products.
- 11th Circuit Court of Appeals ruled on August 12, 2026, in favor of Florida’s one-mile phosphogypsum road pilot project.
- The EPA approved the project in December 2024, permitting use of mildly radioactive phosphogypsum as road base material.
- The Center for Biological Diversity and several plaintiffs sued over health risks from radium decay products, including radon gas.
- Mosaic Company completed applying phosphogypsum at its New Wales facility in October 2025.
On August 12, 2026, the 11th Circuit Court of Appeals ruled in favor of Florida’s one-mile pilot road constructed with phosphogypsum — a mildly radioactive byproduct of phosphate fertilizer production.
The EPA approved this project in December 2024, allowing Mosaic Company to use phosphogypsum as a base material. Mosaic applied the material at its New Wales facility on October 7, 2025, testing its viability for infrastructure use.
The Center for Biological Diversity joined other plaintiffs in challenging the EPA’s approval and the pilot road due to health risks associated with radium decay products (including radon gas), a radioactive hazard. Staff attorney Ragan Whitlock warned about placing such material near waterways vulnerable to storm damage.
The 11th Circuit rejected these environmental and health claims, permitting the road to remain in use. Mosaic also argued the lawsuit was moot since construction completed months earlier.
Florida stores over 1 billion tons of phosphogypsum in 25 stacks statewide, underlining regulatory challenges in managing this radioactive waste.
This decision clarifies the legal framework for reusing phosphogypsum (radioactive fertilizer waste) in construction. It highlights ongoing tension between developing innovative infrastructure materials and ensuring public health and environmental safety.
By the numbers:
- 1 mile — length of the phosphogypsum pilot road in Florida
- 25 stacks — number of phosphogypsum storage piles in Florida
- October 7, 2025 — date Mosaic completed applying phosphogypsum to the pilot road