The Latest News
SELC and Alabama Rivers Alliance issue updated water agenda
added 7.13.11
SELC and our partner Alabama Rivers Alliance today released a new edition of our Alabama Water Agenda, a call to action to state leaders to improve water management across the state.
While Alabama has made some progress since our original water agenda was published in 2007, it still lags far behind its neighbors in terms of water policy. It is one of only a few southern states that have a comprehensive, statewide water resources management plan. The current drought that is gripping parts of the state, along with Alabama’s recent loss in federal court regarding Lake Lanier in the Tri-State Water Wars, both point to the need for better stewardship of water.
The report is geared for state leaders and citizens alike to understand the key problems and solutions in order to develop policies to safeguard our water resources for future generations of Alabamians to use and enjoy, while preserving the state’s renowned aquatic biodiversity. Among other things, the agenda recommends better enforcement of existing law, more funding for agencies that regulate water, and the creation of a statewide water management plan in Alabama.
See our press release
here.
Download and read the report here.
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Previous Case Activity
SELC Combats Watered-Down Runoff Controls in Alabama
added 10.6.10
With every square foot of new pavement and every acre of land cleared for development comes the increased threat of polluted runoff, the leading cause of poor water quality in the Southeast. With encouragement from SELC and its partners, EPA has sent Alabama back to the drawing board on a new permit for regulating the runoff that drains from streets, parking lots, sidewalks, and construction sites in small cities and towns that have their own municipal sewer systems. Under pressure from developers and other interests, the Alabama Department of Environmental Management weakened its initial draft of the permit substantially, removing clear, enforceable standards and inserting fuzzy language that makes it easy to wriggle out of compliance. Echoing many of the objections we raised in a detailed critique we filed with the agency, EPA is demanding that ADEM toughen up the permit to meet the requirements of the Clean Water Act.
SELC Prevails in Stormwater Legal Action
added 10.16.09
On October 15, as a court ruling in the case neared, a group of corporate development and other special interests dropped its lawsuit against the Storm Water Management Authority (SWMA). SELC had intervened in the case on behalf of the Cahaba River Society and Black Warrior River Keeper to defend the authority's role in monitoring storm water pollution in the greater Birmingham area and enforcing federal and state laws. The Business Alliance for Responsible Development (BARD) would not have prevailed on a single aspect of its claim that SWMA was exceeding the requirements of the federal Clean Water Act.
Unfortunately, BARD's lawsuit, filed in 2005, has set water pollution control efforts in Jefferson County back by several years and increased costs for the county and other jurisdictions. SWMA has weakened substantially under intense lobbying by BARD over the last four years, and, lacking support from the notoriously lax ADEM, Jefferson County and other localities now face increased liability for potentially failing to comply with the Clean Water Act.
Going forward, SELC and our partners will continue to engage with local officials and regulators to ensure that Jefferson County and the other Birmingham-area utilities have robust stormwater management permits and programs that are implemented and enforced.
Background:
The Cahaba River and the Black Warrior River provide much of the drinking water for the growing Birmingham metropolitan area. According to federal standards, however, both rivers are considered polluted by stormwater run-off.
Stormwater contains toxics such as pesticides and gasoline, which increase the cost of purifying the water for public consumption. Sediment and nutrients in run-off destroy aquatic habitats and trigger algae growth, which can lead to fish kills and a decline in biodiversity. For some species, even a small change in habitat could mean extinction.
SWMA, comprised of local jurisdictions to combine resources and expertise, is the first line of defense against pollution. SWMA inspects stormwater sites, monitors pollution in streams, enforces run-off regulations, according to federal Clean Water Act requirements, and keeps residents informed of important water issues.
In 2005, BARD sued SWMA, claiming it was exceeding its authority. The business group undertook an intensive lobbying campaign to persuade localities to withdraw over time, and only a handful of smaller cities currently remain in the stormwater authority.
Stormwater Enforcement Guide for Alabama
added 4.2.09
Reducing polluted stormwater runoff is one of the top priorities of the Alabama Water Agenda. To help our local partner groups in Alabama better understand the legal and regulatory tools available for combating this problem, SELC has developed a stormwater enforcement guide.
In a clear and coherent format, our guidebook
- Explains the various levels of regulatory authority―federal, state, and local;
- Lays out the relevant acts, regulations, and permits that come under each of these authorities;
- Reveals where there are overlaps and weaknesses in regulations and enforcement; and
- Shows how to make effective use of the laws and regulations now available.
SELC is also currently working with the Alabama Department of Environmental Management (ADEM) and the U.S. Environmental Protection Agency to strengthen state regulations for controlling stormwater discharges from construction zones―the state’s leading source of sediment-laden runoff. We are pleased to report that our voice is being heard and that our arguments have been reflected in EPA’s recommendations to ADEM for the permit revision. We will subject the revised permit to further scrutiny to make sure it protects the state’s waters.