GOP-led Legislature aims to ban local decisions on fossil-fuel infrastructure

This story was originally published by Tennessee Lookout.

Per updated TL reporting, this bill was deferred to March 15 for committee consideration.

Memphis activist Justin Pearson spent years trying to pass legislation to protect his city’s natural drinking water, but a bill being fast tracked through the state Legislature is threatening his efforts.  

Last week, environmental activists learned that Rep. Kevin Vaughan, R-Collierville, and Sen. Ken Yager, R-Kingston, are seeking to pass a bill aimed at removing local government control over land use zoning for fossil fuel infrastructure. 

Both the Tennessee State House and Senate Commerce Committees will vote on HB2246 and SB2077 on Tuesday, and if the bill passes, it could be on the Legislature floor by Thursday. 

A great blue heron is seen above a nest in the Tennessee River Valley. Herons moved northward to the valley from tiny remaining Florida rookeries after the birds were annihilated in the early 20th century for hat decorations. Betty Thompson

After their kind almost vanished, great blue herons took a minute to take to the Tennessee Valley. Now they are here in a big way. 

"Life breaks free, it expands to new territories, and crashes through barriers painfully, maybe even dangerously, but, uh, well, there it is," said Jeff Goldblum's Malcolm in 'Jurassic Park.' "Life finds a way."

In the early 20th century, after it became illegal to hunt for feathers, as referenced in this previous Hellbender Press story, herons began to recover.

But it took a while. The curious thing with great blue herons, which perhaps attests to the tenacity of nature itself, is that for years they really had little presence in the Tennessee Valley, even after the principal dams and reservoirs were completed. There were plenty of shallow waters for fish eaters.

The Montgomery Village public housing complex in South Knoxville is separated only by railroad tracks from the Smoky Mountain Smelters Superfund site (and the Witherspoon dump site).  S. Heather Duncan/Hellbender Press

A better use of the SMS/Witherspoon properties in Vestal may be constrained by toxic legacy and uncertain ownership

An imminent cleanup of a Superfund site in Vestal could pave the way for redevelopment and new life for the highly polluted property. But its future is complicated by muddy ownership and contradictory visions for its use.

The Smoky Mountain Smelters company left behind soil, groundwater and surface water pollution when it shuttered in 1994. But federal infrastructure funding is now slated to finish off a cleanup begun by the federal Environmental Agency at the Maryville Pike tract. Groundwater contamination below the surface is the most significant remaining problem. 

Aerial view (ca. 2002) of Smokey Mountain Smelters Superfund site, located between two rail lines. At left is the overpass of Maryville Pike, at right a section of Knox County Development Corporation’s Montgomery Village Apartments. The large smelter hall and a few of the apartment buildings have since been removed.  Image from TN Dept. of Health

Knoxville’s most polluted former industrial site is slated for a massive cleanup soon thanks to funding from the bipartisan infrastructure bill Congress recently passed. The Smokey Mountain Smelters site in Vestal has spent more than a decade on the National Priorities List, commonly called the “Superfund” list, of the most contaminated properties in the U.S. 

The work could start within just a few months, said Rusty Kestle, Environmental Protection Agency project manager for the site. He said it’s the top priority in the Southeast for the infrastructure funding because it’s among the most affordable and ready for action.