BLACK WARRIOR RIVERKEEPER v. ALABAMA BIODIESEL

MOUNDVILLE,AL –Before I was a member of MTV Choose or Lose Street Team 2008, I founded a non-profit river protection organization called Black Warrior Riverkeeper.  They recently settled a major lawsuit ironically against a biodiesel corporation.  This is an intriguing story on an issue near and dear to my heart, so I wanted to cover it for MTV News Choose or Lose.  I travelled to Moundville to interview young people and I also interviewed two attorneys from Riverkeeper.  Alabama Biodiesel refused to comment on this case.

Black Warrior Riverkeeper, a non-profit environmental organization, reached a settlement with Alabama Biodiesel in a water pollution lawsuit. The lawsuit claimed that Alabama Biodiesel violated the Clean Water Act on at least 20 different occasions between June 2006 and August 2007 by illegally discharging vegetable based oil and grease into a tributary of the Black Warrior River in Alabama without the proper discharge permit required by federal law. The settlement requires the polluter to obtain a discharge permit and pay $45,000 in damages and attorneys’ fees. Most importantly, the settlement also requires the polluter to stop illegal discharges.

The factory is immediately upstream if the Moundville boat launch andArcheologicalPark, where citizens complained of seeing pollution in theBlack Warrior River. Many citizens swim and recreate in this area. Moundville is approximately 17 miles downstream of Tuscaloosa.

LeCarrey Weatherspoon (25) from Moundville was fishing at the boat launch.  He said: "I don't like the pollution in the river because it ain't good, I'm taking a chance by eating poisonous fish, basically....People eat sick fish, we get sick, you know?   When I asked him how often he eats the fish he catches he replied: "I eat the fish, everyone I catch just about.... I ate fish outta here last week actually."

J.D. Conners and Kurt Jones (both 18,) were out on the river in their personal watercraft.  They said they mainly used the river for fishing, boating and having fun.  When asked what they thought about the pollution being discharged into the river at Moundville, Kurt replied: "They don't deserve to be a company anymore."  J.D. more diplomatically stated: "This pollution in the Black Warrior River is just not right for the environment.  It needs to stop."

The honorable Judge John Ott approved the settlement requiring Alabama Biodiesel to pay $45,000 including $27,500 for a Supplemental Environmental Project (SEP) in the Black Warrior River watershed.  The SEP money is earmarked to protect habitat for two Endangered Species, the Watercress Darter and Vermilion Darter.  Both Endangered Species live only in the Black Warrior River basin.  Specifically, the settlement benefits Tapawingo / Penny Springs in Jefferson County.  A third-party non-profit, The Freshwater Land Trust was chosen by both parties to administer the money.

Nelson Brooke (28), executive director of Black Warrior Riverkeeper, was diligent in sampling the illegal discharges from Alabama Biodiesel after receiving a citizen complaint in September 2006.  Brooke stated: "We are pleased that Alabama Biodiesel is going to work toward stopping their pollution and getting the proper permit in place."

Richard Campo, Vice-President of Alabama Biodiesel, was unavailable for comment.  Alabama Biodiesel also chose not to speak with  The Birmingham News  and  The Tuscaloosa News, two of the biggest newspapers in Alabama.

John Keeling, staff attorney for Black Warrior Riverkeeper said: "The Alabama Biodiesel case is a classic example of why it is necessary for facilities to obtain proper permits.  Operating a facility outside of regulatory and statutory guidelines might save the facility money in the short-term but its actions will eventually catch up with them and they will pay a higher price from a long-term perspective. Hopefully, lawsuits such as this one will enlighten businesses to realize the full expense of violating environmental laws."

This lawsuit received national publicity because it featured an environmental group against a biodiesel corporation, usually seen as a “green” business. Alabama Biodiesel is the state’s first biodiesel plant and can manufacture up to 35 million gallons of fuels a year. Their discharges can be hazardous to birds and fish and have many Alabamians wondering how a company that bills itself as a clean fuel manufacturer and waste recycler can be polluting their river in the process.

For Alabama, this is David Whiteside with MTV Choose or Lose Street Team 2008.