ERWIN, Tenn. — The Southern Environmental Law Center, on behalf of American Rivers and American Whitewater, sued several federal agencies on Monday, saying the agencies violated federal law by allowing a rail company to mine the Nolichucky River in East Tennessee.

Recently CSX Transportation, a major railroad company, began mining the Nolichucky’s riverbed for rock while repairing a rail line that was washed away during Hurricane Helene. Trucking in rock from upland quarries is standard practice and much less destructive. Instead, CSX brought heavy machinery into the Nolichucky River Gorge and began removing rock and fill directly from the riverbed. This dangerous and unnecessary method does irreparable harm to the waterway, hurts local businesses that rely on the river, and increases flooding risks for communities downstream.

“We want CSX to be able to quickly rebuild its damaged rail lines, but it needs to do so in a responsible way that follows the law and protects our communities,” Patrick Hunter, Managing Attorney of SELC’s Asheville office, said. “As we recover from Helene, we need to work together to rebuild resiliently. Instead, CSX is making shortsighted decisions that will worsen flooding problems for people living downstream and do permanent damage to this incredible river.”

The U.S. Army Corps of Engineers and U.S. Forest Service have continued to ignore the damage CSX’s mining is doing to the river and the long-term economic and flooding problems it creates for nearby communities. The agencies authorized the work in the Nolichucky River Gorge without holding CSX to any limitations to protect the river and downstream communities. The agencies’ refusal to hold CSX accountable is a violation of federal law.

“We have been pleading with the federal agencies to step in and put protections in place, but they have not acted so far,” said Kevin Colburn, National Stewardship Director for American Whitewater. “CSX’s reckless mining tactics put the remarkable characteristics of the Nolichucky Gorge, and the river itself, at risk. We cannot sit by and simply watch that happen.”

The Nolichucky River inspires pride and has been enjoyed by people in East Tennessee and Western North Carolina for generations. The Nolichucky also attracts thousands of tourists from around the region to experience the river’s natural beauty and world-class whitewater rapids, making the river a key part of local economies in the area. Tourism generates millions of dollars in visitor spending each year in Unicoi County. If the Nolichucky River is irreparably damaged due to CSX’s shortsighted mining practice, those visitors—and their dollars—will go someplace else.

The rugged and pristine nature of the Nolichucky River Gorge led to it being designated as a Wild and Scenic “study” river by Congress in the 1970s. The Forest Service, who described the area as “one of the deepest, most spectacular gorges in the eastern United States,” has also recommended that the waterway be included in the nation’s Wild and Scenic River system.

“This river, with its clean water and abundant fish and wildlife, is a treasure for everyone who lives in the region,” Erin McCombs, Southeast Conservation Director for American Rivers said. “It isn’t fair for one company to put its profits above the health of the river and all of the people and businesses who depend on it. We are disappointed that we have to file a lawsuit to protect this place, but it is vital that we rebuild in a way that supports this river and our region’s water wealth. We hope the agencies put measures in place to ensure that we can all continue to benefit from a healthy Nolichucky River for generations to come.”

The conservation groups’ lawsuit was filed in the U.S. District Court for the Western District of North Carolina and asks the court to revoke the work authorizations from the Army Corps of Engineers, Forest Service, and Fish and Wildlife Service.

Contacts

SELC: Eric Hilt, 615-622-1199 or ehilt@selctn.org

American Rivers: Erin McCombs, 828-649-7887 or emccombs@americanrivers.org

American Whitewater: Kevin Colburn, 828-712-4825 or kevin@americanwhitewater.org

American Whitewater has worked tirelessly with local paddlers to halt the riverbed mining for several weeks. Our ability to respond when our public lands and waters are threatened is an example of your member contributions at work! Please consider renewing your membership, or making an additional donation today to ensure we can stay engaged on this critical issue. You can join or renew your membership here, or make an additional contribution via our donation page.