Alabama Biodiesel Lawsuit

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Black Warrior Riverkeeper sues Alabama Biodiesel Corporation
Alabama Biodiesel Discharges Oil and Grease into the Black Warrior without a Permit.

Moundville, AL. Black Warrior Riverkeeper has filed a lawsuit in United States District Court against Alabama Biodiesel for the company’s unpermitted oil and grease discharges into the Black Warrior River in Tuscaloosa County, next to Moundville Archeological Park. Alabama Biodiesel’s discharge of pollutants without an NPDES permit is a violation of the Clean Water Act and similar provisions of Alabama law, and is grounds for enforcement by civil action.

Alabama Biodiesel’s illegal discharges have had a detrimental impact on the interests of several Black Warrior Riverkeeper members because the violations have adversely affected and diminished aquatic life in the Black Warrior and have made the river less suitable for fishing, boating, wading, walking, observing nature, or relaxing. Alabama Biodiesel is located next to Moundville Archeological Park, where thousands of Alabamians, tourists and researchers visit the Black Warrior River each year.

Black Warrior Riverkepeer has petitioned the court to cease the violations and any illegal conduct by Alabama Biodiesel. Black Warrior Riverkeeper further requests and petitions the court to assess a $32,500.00 civil penalty for each violation and each day of continuing violation for which Alabama Biodiesel is found liable.

Alabama Biodiesel has violated the Clean Water Act by discharging pollutants from a point source on or about the following occasions: June 12 to 16, 2006; July 12, 2006; August 6, 2006; September 12, 2006; September 17, 2006; September 24, 2006; September 29, 2006; October 5, 2006; October 8, 2006; October 18, 2006; March 15, 2007; March 23, 2007; May 5, 2007; May 14, 2007; May 29, 2007; and August 19, 2007.

Black Warrior Riverkeeper’s Chief Prosecuting Attorney, Mark Martin, gave Alabama Biodiesel more than 60 days notice of Riverkeeper’s intent to sue before filing the lawsuit. Riverkeeper will not profit off any potential penalties assessed in the case.

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Founded in 2001 by David Whiteside, Black Warrior Riverkeeper is a citizen-based, non-profit organization working to protect and restore the Black Warrior River and its tributaries in order to ensure clean water, a healthy aquatic environment, and the recreational and aesthetic values of the river. Riverkeeper works to protect our water resources by monitoring the watershed, educating the public, and holding major polluters accountable for their violations. Black Warrior Riverkeeper is a proud member of Waterkeeper Alliance. On August 26, Riverkeeper won “2007 Conservation Organization of the Year” at the Alabama Environmental Council’s 40th Annual Meeting.