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Environmental Teams Sue Federal Businesses for Permitting Mining in Nolichucky River


Final week, the Southern Environmental Legislation Heart (SELC) filed a lawsuit in opposition to a number of federal companies on behalf of nationwide river conservation nonprofits American Rivers and American Whitewater. The lawsuit claims that the USA Military Corps of Engineers, the U.S. Forest Service, and the U.S. Fish and Wildlife Service are violating a number of federal legal guidelines/protections by permitting CSX Transportation to mine the Nolichucky River Gorge in Tennessee.

“We’ve been pleading with the federal companies to step in and put protections in place, however they haven’t acted up to now,” Kevin Colburn, American Whitewater’ s nationwide stewardship director, acknowledged in a press launch. “CSX’s reckless mining techniques put the outstanding traits of the Nolichucky Gorge, and the river itself, in danger. We can not sit by and easily watch that occur.”

CSX started mining Nolichucky’s riverbed to restore a rail line that Hurricane Helene worn out in September. The challenge prompted heavy equipment to be introduced into the river gorge, eradicating supplies straight from the riverbed, constructing bridges that disrupt river move and fish migration, and placing communities downriver at larger threat of flooding. Based on the lawsuit, the nonprofits requested CSX on a number of events to make use of different strategies like trucking in rock from upland quarries, a typical, much less harmful methodology, however the railroad firm continues to disregard their requests. 

“We would like CSX to have the ability to rapidly rebuild its broken rail traces, but it surely wants to take action in a accountable means that follows the regulation and protects our communities,” acknowledged Patrick Hunter, managing lawyer of SELC’s Asheville workplace. “As we recuperate from Helene, we have to work collectively to rebuild resiliently. As an alternative, CSX is making shortsighted choices that can worsen flooding issues for folks dwelling downstream and do everlasting harm to this unimaginable river.”

Based on SELC, the Nolichucky River Gorge is among the deepest river gorges left within the Southeast bringing in $17 million yearly for Unicoi County, Tennessee’s out of doors recreation trade and supporting a various ecosystem together with bald eagles, brook trout, hellbenders, and species protected underneath the Endangered Species Act—one among seven acts CSX is in violation of. 

“This river, with its clear water and ample fish and wildlife, is a treasure for everybody who lives within the area,” Erin McCombs, American Rivers’ Southeast conservation director, added in an announcement. “It isn’t honest for one firm to place its income above the well being of the river and the entire folks and companies who rely on it. We’re disenchanted that we’ve to file a lawsuit to guard this place, however it’s critical that we rebuild in a means that helps this river and our area’s water wealth. We hope the companies put measures in place to make sure that we will all proceed to learn from a wholesome Nolichucky River for generations to return.”

Cowl picture: Nolichucky River in summer season. Courtesy of Getty Pictures.