Alabama river groups take legal action to defend local governments' authority to protect water quality

Birmingham – In papers filed in federal court today, two conservation groups are seeking to join a lawsuit brought by development interests against a multi-government water quality agency. They aim to defend the ability of local communities to protect water quality in the Cahaba and Black Warrior rivers, which provide the majority of drinking water for metropolitan Birmingham.

The Cahaba River Society and the Black Warrior Riverkeeper filed a motion to intervene in a March lawsuit brought by the Business Alliance for Responsible Development (BARD) and others against the Storm Water Management Authority (SWMA). SWMA was created under state law by Jefferson County, the city of Birmingham, and 22 other municipalities to monitor and protect the area's watersheds according to mandates set by the federal Clean Water Act. BARD claims that SWMA's storm water management measures exceed its authority.

"The outcome of this issue could set a precedent for the future of SWMA and other local efforts to protect water quality throughout Alabama," said Jim Grode, Staff Attorney with the Southern Environmental Law Center, a regional nonpartisan, nonprofit organization which filed the motion on behalf of the river groups.

Polluted storm water runoff from construction sites and developed areas is the greatest threat to water quality in the Cahaba watershed and a growing concern in the Black Warrior watershed and much of the South. Sediment and nutrients in streams harm aquatic habitat, trigger algae growth, and increase the cost to purify water for public consumption. Storm water runoff also contains toxic contaminants such as pesticides and gasoline, and the increased runoff from pavement and roofs contributes to flooding.

With increased business and residential development, local governments and their regional water authorities such as SWMA are the first line of defense, enforcing runoff regulations,
inspecting storm water sites and monitoring pollution in streams, and keeping residents informed of important water issues.

"Clean water makes good business sense. A healthy economy requires a supply of healthy, low-cost drinking water for residents and businesses," said Beth Stewart, Executive Director of the Cahaba River Society. "CRS has worked with developers for a decade to try to find solutions for storm water control that everyone can support. We get involved in legal action as a last resort, but we cannot stand on the sideline during this attempt to dismantle storm water management in Jefferson County."

The development group's lawsuit threatens the ability of local communities to find out what pollutants are in their water and where they come from, Stewart said. If the lawsuit is successful, it will be harder and more expensive for Jefferson County and its local governments to take action to clean up pollution sources. SWMA most likely would not be able to help cities and the county control mud runoff from construction projects or improve design standards to reduce pollution and flooding from new development.

"We only have one Black Warrior River, and it's our responsibility to protect it and ensure it provides clean water for future generations," said Nelson Brooke, Riverkeeper with the Black Warrior Riverkeeper. "We need strong, effective oversight at the local level. This is about citizens defending their right to preserve water quality. People have a right to know what's in their water."

SWMA was formed in 1997 under state legislation that enables local governments to pool their resources in a regional storm water authority to meet regulations required by the Clean Water Act, and it is widely viewed as one of the most effective storm water management programs in Alabama.

The business alliance, whose members include developers, utilities, mining interests, and others, allege that SWMA has acted outside its statutory authority in its monitoring and enforcement work. It claims the pollution-control programs of the Alabama Department of Environmental Management (ADEM) are sufficient. However, the river groups maintain that ADEM has failed to adequately protect the state's waters because the agency is underfunded, understaffed, and ineffective at enforcement. Much of the Cahaba and Black Warrior systems within Jefferson County have such poor water quality that they violate standards of the Clean Water Act.

"This lawsuit aims to undermine an effective regional water quality-protection agency and by default, let the state limit the ability of communities to protect our water resources," Stewart said. "The future of our rivers, lakes and drinking water - and the quality of our communities - are at stake."

The Cahaba River Society and Black Warrior Riverkeeper are non-profit organizations founded to protect their namesake rivers and watersheds. Together they have nearly 3,000 members working to restore and protect rivers that provide habitat for a rich diversity of life - including nationally-renowned freshwater wildlife -- and drinking water for the diverse people of Jefferson County.