Judge denies request for restraining order to stop CSX reconstruction at Nolichucky Gorge

ERWIN, Tenn. — A federal judge has denied a request for a temporary restraining order that would have stopped CSX repair work on the old Clinchfield rail line through the Nolichucky River Gorge.

WJHL-TV reports that Judge Martin Reidinger of the U.S. District Court for the Western District of North Carolina said certain developments since the outdoor groups filed a lawsuit seeking to stop the work may have made some of their requests without object. The nonprofit groups American Whitewater and American Rivers filed suit against three federal agencies on Nov. 18, claiming they illegally approved CSX repairs because the work disrupted the environment (see “ Whitewater Defenders Sue the federal government…” Trains News Wire, November 19, 2024).

Reidinger said the plaintiffs failed to show they would suffer “immediate and irreparable” harm without the restraining order, noting that work on the project was halted until Dec. 2. And he referenced additional parameters for CSX work in a Nov. 20 letter. of the U.S. Army Corps of Engineers, which address impacts to a threatened species of freshwater mussel and a plant, as well as limitations on dredging and digging along the river bed.

This letter, from an official with the Corps of Engineers’ Nashville District, covers only the 2½ miles of the Tennessee Gorge. This includes carrying out as much work as possible below the river’s ordinary high water mark; stopping dredging or other removal of materials below this level; use only “previously disturbed areas” for access and debris removal; and immediately stabilize already disturbed banks with temporary erosion control methods.

A member of American Whitewater told the station that the plaintiffs in the case would use these instructions to try to enforce similar rules within 5 miles of the gorge in North Carolina.

CSX said in a statement prior to Trains News Wire that it continues to work with federal and state agencies “to ensure that recovery and restoration are conducted in a safe and environmentally responsible manner.” In a court filing, it said it was refraining from performing certain work below the high water mark in North Carolina until an “emergency permit is obtained.” He also noted the impacts of the line’s closure, which include furloughs or transfers for more than 30 workers and train diversions that add an average of 400 miles to each affected shipment.