KNOXVILLE, Tenn. — A lawsuit accused federal agencies of unlawfully allowing a railroad company to damage the Nolichucky River Gorge while repairing a rail line damaged by Hurricane Helene.
The lawsuit was brought Monday by the Southern Environmental Law Center on behalf of American Whitewater and American Rivers, both environmental conservation nonprofits. It said the Nolichucky River Gorge, home to species like bald eagles and hellbenders, was flooded during Hurricane Helene and a rail line near it was damaged.
CSX Transportation owns the rail line and began using heavy machinery to repair it after the storm, according to the lawsuit. It said the company started mining rock from the riverbed and piled it up near the riverbank as a way to replace land swept away by the flooding.
The lawsuit accused the company of starting the work without informing the U.S. Army Corps of Engineers, the U.S. Forest Service and the U.S. Fish and Wildlife Service. However, it said those federal agencies had since authorized the work. It also said the agencies asked the company to find other ways to fix the rail line that did not involve digging up the riverbed, but the company refused.
"The work is inflicting significant damage on the Gorge, ruining its unmatched values, and increasing downstream risk from future floods," the lawsuit said.
It also claimed the work violated laws like the Rivers and Harbors Act of 1899, the National Environmental Policy Act and the Endangered Species Act.
The lawsuit asked the court to remove authorizations from agencies that allowed the work to start.