Environmental organizations American Whitewater and American Rivers are vigorously opposing efforts by federal agencies and CSX Transportation Inc. to dismiss their ongoing lawsuit challenging the legality of CSX’s reconstruction work in Tennessee’s Nolichucky River Gorge.
The lawsuit, known as the Environmental Lawsuit CSX Rebuild, centers on the claim that the U.S. Army Corps of Engineers, U.S. Forest Service, and U.S. Fish and Wildlife Service unlawfully approved CSX’s post-Hurricane Helene rebuilding project. The plaintiffs assert these approvals were issued arbitrarily and capriciously, violating multiple federal environmental laws.
In a legal brief filed Friday, the environmental groups responded to dismissal motions, stating the agencies and CSX failed to address the core allegations. The groups maintain their complaint plausibly alleges violations of the Administrative Procedure Act (APA), the Endangered Species Act (ESA), the Clean Water Act (CWA), and the National Forest Management Act (NFMA).
The original suit, filed in November 2024, alleges that CSX unlawfully operated heavy machinery in a fragile river ecosystem without proper environmental review, and that federal agencies improperly permitted the work. The agencies’ approval, the plaintiffs argue, contradicted legal requirements and forest management plans.
CSX, which joined the case as an intervenor defendant, is seeking full dismissal. Meanwhile, federal agencies are challenging specific aspects of the claims, particularly those involving species protection and water impact permitting.
Among the key issues in the case:
