07/07/2026
Cumberland Clear Files Lawsuit Over "Zombie" Roberta II Landfill Permit
We've filed a lawsuit in Davidson County Chancery Court, and we want the community to know exactly what it is and is not about.
This lawsuit does not ask the court to decide whether a landfill should be built. It asks a simple question: can a 16-year old "zombie" permit be brought back from the dead through a "recertification" process, even though the original project was never built, key parts of the permit have expired and the state recently rejected their ARAP( water plan)?
According to our complaint, the proposed Roberta II landfill no longer has a complete application or approved construction plans, and the environmental permit required for the project, known as an Aquatic Resource Alteration Permit, expired years ago. This "zombie" permit should have died long ago. Instead, it is being propped back up without going through the process that today's law requires.
Earlier this year, the Tennessee Dept of Environment and Conservation (TDEC) determined a new ARAP application would be required for Roberta II after identifying new streams and significant changes to the site’s terrain as well as changes to the permitting requirements over the last 16 years.
"Our goal has always been simple: make sure the law is followed," said Jennifer Shockley, President of Cumberland Clear. "When projects of this size affect our families, property owners, businesses, and natural resources, the public deserves a transparent process that follows Tennessee law. A 'zombie' permit should not get a free pass around that process."
We are also asking the court to consider what could happen if other "zombie" permits, which were never built, were to be revived the same way without meeting today’s environmental standards. This case could set an important precedent that affects communities across Tennessee, not just ours.
This comes at a time when leaders of Tennessee’s government are debating the future of local control over landfill decisions. The legislature originally created the Jackson Law and regional solid waste boards because landfill siting should involve the communities that will live with the consequences. Yet today, the state Solid Waste Task Force is discussing changes that could weaken or remove these local control measures, like Jackson Law and make it easier to permit landfills.
Please contact your state Senators and Representatives and ask them to protect local control i.e. Jackson Law.
Cumberland Clear remains committed to a respectful, fact based process, and we believe the courts are the right place to resolve these legal questions. Thank you to our members, volunteers, and neighbors for your continued support.