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Committee advances bill to define 'beneficial use' for Mobile Bay dredging; amendment limits private lawsuits
Summary
House Bill 181 would require 70% of dredged material from the Mobile Bay channel to be used for ‘beneficial use’ such as marsh building or erosion control; committee voted to give the bill a federal report after an amendment was proposed to bar third‑party private causes of action.
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House Bill 181, sponsored by Representative Marcus, was presented to the Senate Committee on County and Municipal Government as a measure to define “beneficial use” for material dredged from the Mobile Bay shipping channel.
“What we have is a bill that will clearly define what beneficial use is in the Mobile Bay channel dredging,” Representative Marcus said, explaining the bill would limit thin‑layer placement and direct about 70% of dredged material toward uses such as marsh building, erosion control or sale for other uses.
Senator Albritton proposed an amendment to add a subsection stating “nothing in this section shall be construed to grant a third party standing to bring a private cause of action related to this section,” explaining the language is intended to avoid private lawsuits that could alter the state’s negotiated approach. Representative Marcus said he would sit down with senators and LSA to refine the amendment so it protects ports while addressing environmental concerns.
Committee members discussed the balance between protecting the state’s commercial port interests and addressing local ecological impacts on oyster farming, fishing and shoreline clarity. Senators agreed to give the sponsor and interested parties time to review the amendment language before floor consideration.
The committee recorded a motion by Senator Chambliss for a federal report, seconded by Senator Coleman Madison; the bill received a federal report and will proceed to the next stage of consideration.

