A federal judge has rejected a request by river advocates for a temporary order to halt CSX’s rail repair work in the Nolichucky River gorge. The judge, Martin Reidinger, noted that new measures from the U.S. Army Corps of Engineers (USACE) may address some concerns. These measures, detailed in a Nov. 20 letter, include halting dredging below the river’s high-water mark and restoring disturbed riverbanks.
Dennis Ashford, a kayaker and member of American Whitewater, praised the guidelines but worried about enforcement. The plaintiffs, including American Whitewater and American Rivers, argue that CSX’s work lacks proper environmental safeguards, particularly for endangered species. However, the judge stated the plaintiffs didn’t prove the work would cause immediate harm, especially since work is paused until Dec. 2.
The USACE letter outlines requirements for CSX, such as limiting work below the high water mark, using native materials for riverbank restoration, and minimizing harm to endangered species like the Appalachian elktoe and Virginia spiraea. These measures apply to the Tennessee section of the gorge, where repairs began after Hurricane Helene’s flooding. Advocates now push for similar protections for the North Carolina section.
