The Environmental Journal of Southern Appalachia

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Duck River 023 2048x1366 John McEwan, whose family has lived on the banks of the Duck River since the 1860s, skips stones on the Duck River. Environmental groups fear excessive demand is fueling drawdowns that are affecting the rich biodiversity of the Middle Tennessee river.&nsp; Tennessee Lookout/John Partipilo

Long time residents and conservation groups say industry lured by the state, population growth are draining water from a river prized for its biodiversity

This story was originally published by Tennessee Lookout.

COLUMBIA ­­— When Gov. Bill Lee announced the state had lured a General Motors lithium battery supplier to Spring Hill three years ago, it was his largest economic announcement to date:

A $2.6 billion corporate investment; 1,300 new jobs; a major stepstone along Tennessee’s path to become an EV hub — helped along by a then-record $46,000 per job in taxpayer incentives.

The factory deal’s less conspicuous specs — its continuous need for 1.4 million gallons of water per day — is now figuring in a larger battle pitting citizens and conservation groups against state environmental regulators.

Last month, the Tennessee Department of Environment and Conservation (TDEC) granted permission to Columbia Power and Water Systems — which pumps water to the new Ultium Cells plant — to increase its current withdrawals from the Duck River by 60 percent.

It’s one of eight water companies along the Duck River seeking to dramatically increase water draws to meet rising demands for water in the rapidly growing five-county region southwest of Nashville. 

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Hunter 5 2048x1366 Hunter Hollingsworth, at his family’s Benton County property, successfully sued the Tennessee Wildlife Resources Agency over unwarrantless searches of his property. An appellate court upheld a lower court ruling against the agency.  John Partipilo/Tennessee Lookout

This story was originally published by Tennessee Lookout.

In a blistering and unanimous opinion, the judges called TWRA’s legal defense of its tactics a “disturbing assertion of power on behalf of government.”

NASHVILLE — State game wardens cannot enter private property in Tennessee without a warrant, the state’s Court of Appeals ruled last week.

The decision puts in check a unique power wielded for decades by the Tennessee Wildlife Resources Agency to secretly patrol and surveil Tennesseans’ privately-owned lands for potential violations of hunting, fishing and wildlife laws.

TWRA officers don’t seek permission from a judge before entering private property, need no supervisor approval, keep no records of their searches and don’t inform property owners — sometimes donning camouflage or installing cameras to secretly monitor activities based on the suspicions of an individual officer.

The blistering and unanimous opinion by a three-judge panel compared TWRA’s tactics to British customs officials who were granted unlimited “writs” by the king of England to conduct arbitrary searches in the years leading to the Revolutionary War — abusive actions that would go on to inform the establishment of the U.S. Constitution’s 4th Amendment protecting Americans from illegal government searches and seizures. 

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