FAIRHOPE — State Sen. Chris Elliott (R-Josephine) and State Rep. Rhett Marques (R-Enterprise) joined constituents on the Fairhope Municipal Pier Monday morning to officially announce legislation to stop the federal government from dumping dredge material into Mobile Bay.
As part of the maintenance required for the Alabama Port widening and deepening project, the U.S. Army Corps of Engineers must continue to dredge the Port for years to come. The dredge material has to go somewhere, and that's where local officials say they want to see change.
Elliott said that for decades, the Corps used a variety of beneficial methods to dispose of dredge material for a vast array of projects. However, he said the thin-layer placement method used more recently in the Bay has caught the attention of residents, conservationists and those who use the Bay to make a living.
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"It's not pretty," Elliott emphasized. "In fact, it's downright nasty. But it's cheap, and that's why the Corps likes it."
The proposed bill would build on U.S. Sen. Katie Britt's (R-Montgomery) bill, which requires that 70% of dredge material be used beneficially. After the law was put into place, Elliott said the Corps moved to deem open water disposal beneficial. However, he said people who rely on the bay are seeing a direct impact on marine life, including oysters and crabs.
"Look, when you disperse material on the top of the water like this, it gets into the water column, it coats oysters, it coats submerged aquatic vegetation, seagrass, right?" Elliott added. "You can see it, and just common sense tells you it's not good. So, when I talk to my constituents, they're seeing decreased catch, they're seeing muddier water and it's hard to not say that's being driven by the giant machine pumping mud right out in front of their house."
The bill would allow the Alabama Department of Environmental Management (ADEM) and the Alabama Department of Conservation and Natural Resources (ADCNR) to jointly administer the Coastal Area Management Program to ensure conservation and economic interests.
"This bill defines the term 'beneficial use' and specifically what it is not," Elliott explained. "It is not the deposition of dredge material into public waters."
The bill includes an emergency provision that waives the statute's provisions if the governor declares a state of emergency.
Local lawmakers and environmental conservationists say the bay's health should be a priority for all Alabamians.
"Water quality is important to our way of life, the health of our environment, and it's really important to Alabama's economy," said Elliott.
"If you live in Alabama, you ought to care about the waters of coastal Alabama," said Mobile Baykeeper executive director William Strickland. "First off, because it's the primary vacation spot. Secondly, all the taxes generated from all the tourism go to fund everything else, a lot of things that happen here in the state. So, if you want a healthy economy, then you also support the water of the coast of Alabama. If you like to come down and catch a speckled trout, then you ought to care about the water of the coast of Alabama."
Avery Bates, a retired fifth-generation shrimper and oyster harvester, said he called the mud dumping "illegal dumping."
"If there's no seafood, like the oyster population has deteriorated constantly, what happens?" Bates said. "You lose oystermen, you lose product to sell to the public. What happens? Restaurants start having to import seafood that's not good."
Marques said the bill is important to him because he was born and raised in Baldwin County.
"I have deep roots in this area and with that, two things have always stuck with me my entire life: The people and this bay," Marques said. "I'm introducing this bill on both of their behalf. This bill will protect the bay, the people who make a living on the bay, and those like me who just love it and enjoy it."
Some opposition to the bill is expected. Elliott and Marques plan to file their companion bills on the first day of the 2026 regular legislative session, Tuesday. Elliott said it will be his top priority for the session.
"Rhett and I are both fighters, and we believe in defending this place that we call home," Elliott added. "And so it'll be a challenge. It'll be tough. I'd encourage everybody to reach out to your legislators and let them know you're supportive of this effort."
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