Gov. Kay Ivey signs controversial environmental regulation bill into law

Gov. Kay Ivey Thursday signed a controversial bill that could weaken the state’s environmental regulations.

SB 71, sponsored by Sen. Donnie Chesteen, would prohibit Alabama from having stricter environmental regulations than the federal government. 

The bill moved quickly through both chambers sparking concerns from Democrats and environmentalists in the state who said the bill could leave Alabamians more susceptible to pollution and unsafe environmental conditions. The House of Representatives passed the bill on Tuesday, sending it to Ivey’s desk.

Gina Maiola, a spokeswoman for the governor, confirmed in a brief email Thursday that Ivey signed the bill but did not provide further comment.

According to the bill, the Alabama Department of Environmental Management (ADEM) can only adopt new rules or change existing ones if it can prove immediate danger to public health, safety or welfare. It would also require ADEM to use “best available science” and the “weight of scientific evidence” in those cases.

The bill would also require ADEM to establish what it calls a “direct causal link” between harmful chemicals or pollutants and bodily harm to humans. Critics of the bill argue that this type of science doesn’t exist and the requirement would delay help to those exposed to the pollutants.

“It’s really disheartening that this bill has passed and Gov. Ivey has signed it, partially because our state motto is ‘We Dare To Defend Our Rights,’ and so many Alabamians we know flooded their representative’s email boxes as well as phone calls with concerns about this bill,” Justinn Overton, executive director of Coosa Riverkeeper, said in an interview Thursday.

William Strickland, executive director of Mobile Baykeeper, said in a statement Thursday that the new law was “very disappointing.”

“The bottom line is that our right to protect our and our family’s waters, health, and way of life through state law has been taken away. Big government and big business have conspired against the will of the people once again,” he said. “Thousands of people called and wrote their elected officials begging them to vote no. Several coastal representatives either voted no or abstained, which is nice. But the system is designed to make us give up and hand our power over to those who can afford dozens of lobbyists.”

Overton expressed concerns over the lack of science experts consulted for the law.

“A lot of our work is really grounded in science, and the way that that science impacts folks ability to enjoy water safely. And so from our perspective, it was really concerning to hear the individual Representative Stubbs that had not spoken to anyone in the science community,”

Earlier this month, Tim Howe, chief advocacy officer for the Business Council of Alabama (BCA) spoke publicly in favor of the bill at a last minute committee meeting saying the legislation would “contribute to a stable and predictable business climate for Alabama.”

A message seeking comment was left with BCA Thursday. 

The law goes into effect immediately.