Conservationists plan lawsuit over Cumberland wetlands
The organizations, including the National Wildlife Federation and the Tennessee Clean Water Network, said they filed a 60-day notice this week of their intention to sue the government.
“The corps cannot be allowed to turn their backs on the state’s valuable water resources,” said Jim Murphy, water resources counsel for the National Wildlife Federation. “Wetlands that serve important functions in ensuring the health of wildlife and watersheds require federal protection from destruction and degradation.”
The area in question stretches east of the Upper Cumberland Regional Airport, a general aviation airport at Sparta, and feeds into the Falling Water River in the Cumberland Plateau region.
The conservationists said they will sue the corps and the Environmental Protection Agency to seek tougher standards for development or discharge that affects the wetlands.
The corps said it just received the filing Thursday and needed to review it before commenting.
The environmental groups said the region, home to wildlife, waterfalls, scenic hiking, fishing and hunting, needs to be protected with water permits.
They specifically pointed to a planned expansion at the airport that would cover wetlands with pavement and a fueling station. The notice was sparked by a corps decision that the wetlands next to the airport are “isolated” and development there does not require a Clean Water Act permit.
But the groups said the wetlands drain into area waterways.
“If this Corps decision is allowed to stand, countless wetlands and streams in this region will lose federal protection because so many streams flow underground at some point,” said Murphy. “The law is clear that the entire aquatic system must be protected.”
The Tennessee Environmental Council, Public Employees for Environmental Responsibility and the Sierra Club also joined in the filing.