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Alabama State House passes anti ‘mud-dumping’ bill; heads to Senate

Aerial image of dredged sediment being deposited in Mobile Bay. Dredging and depositing the spoil back into the bay harms Gulf Sturgeon, a giant fish that spends their winters in the bay, Mobile Baykeeper argues. The environmental group, along with the Center for Biological Diversity, notified the U.S. Army Corps of Engineers Tuesday of their intent to sue over the Corps' alleged failure to protect the sturgeon

Posted on January 28, 2026

Alabama’s state house of representatives on Tuesday passed a bill that would prohibit dumping dredged sediment from the bottom of Mobile Bay in open water, a practice that has drawn criticism from south Alabama’s environmental activists and fishing industry.

“We’re happy to see this bill get to the next step and are grateful for the [Alabama Port Authority’s] support,” said Mobile Baykeeper, an environmental advocacy group in the region. “The people of Coastal Alabama rely on healthy waters for our way of life, and our elected officials, especially [Rep. Rhett Marques], are representing our interests by getting this through the house.”

The bill passed by a vote of 97-0. It now goes to the state senate.

The ship channel in Mobile Bay, a corridor from the Gulf of Mexico to the Port of Mobile, has to be regularly dredged to keep it at the depth of 50 feet. The U.S. Army Corps of Engineers disposes of the majority of dredged spoil through open-water dispersal, sometimes called “thin layer placement.”

But this bill, sponsored by State Rep. Rhett Marques (R-Enterprise), would not allow the Corps (or anyone who may be dredging large quantities of sediment) to use this method of disposal for most of the sediment.

Environmental advocates say this type of disposal increases the cloudiness of the water, jeopardizing the health of seagrass and other marine life. In 2024, Mobile Baykeeper filed a notice of intent to sue the Corps over the practice, saying it puts the endangered Gulf Sturgeon in danger.

“This isn’t just about protecting sturgeon and their ecosystem – it’s about protecting the bay and the hard-working people who make a living on the water,” Cade Kistler with Mobile Baykeeper said at the time. “Improving water quality and habitat conditions by limiting dredge sediment dumping will enhance fishing and protect important habitats such as seagrass and oysters in Mobile Bay.”

The Corps says “thin layer placement” is an approved, science-backed way to dispose the dredged spoil. In an open letter, Brigadier General Zachary Miller wrote that the practice fits with the environment of Mobile Bay.

“[Thin layer placement] is a measured, monitored, and science-based sediment management practice designed to mirror natural sediment processes that have shaped Mobile Bay over thousands of years,” said Miller, who commands the Corps’ South Atlantic Division.

Dustin Gautney, a spokesperson for the Corps of Engineers’ Mobile District, said the Corps does not take a position on state legislation. The open letter was meant to clarify “misinformation” around the Corps’ dredging practices, he said.

Gautney told AL.com Tuesday that the Corps will assess the final language of the bill for “any implications for its authorities, responsibilities, and ongoing or future work related to Mobile Bay.”

The Mobile District met with state representatives in a closed meeting last week to discuss maintaining the Mobile Bay ship channel. The Corps’ role was “strictly informational,” Gautney said.

“The Corps’ role was to ground the discussion in engineering data, environmental science, and federal authorities, so decisions were informed by facts rather than misconceptions about how navigation dredging works in Mobile Bay,” Gautney said.

In 2024, U.S. Sen. Katie Britt (R-Enterprise), passed a provision that requires the Corps to use at least 70% of dredged spoil for “beneficial uses,” that improve the environment for people or animals.

Alabama State Sen. Chris Elliott (R-Josephine), another proponent of the bill, said the state bill is supposed to work hand-in-hand with that provision by forbidding the open-water disposal from being designated a “beneficial use.”

Last year, the Corps completed a $366 million project to deepen the ship channel from 45 feet to 50 feet, in order to accommodate bigger and heavier cargo ships.

If the bill passes both the house and senate, it will go to Alabama Gov. Kay Ivey’s desk for signature.

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