(a) Except as provided in subsections (b) and (c), any person having an interest that is or may be adversely affected may commence a civil action to compel compliance with this part:
Terms Used In Tennessee Code 59-8-119
Commissioner: means the commissioner of environment and conservation or the commissioner's designee. See Tennessee Code 59-8-102
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Operator: means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive months in any one (1) location. See Tennessee Code 59-8-102
Permit: means a permit to conduct surface coal mining and reclamation operations issued by the commissioner. See Tennessee Code 59-8-102
Person: means an individual, partnership, association, society, governmental agency or entity, joint stock company, firm, company, corporation, or other business organization. See Tennessee Code 59-8-102
Plaintiff: The person who files the complaint in a civil lawsuit.
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Statute: A law passed by a legislature.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Against the state or any other governmental instrumentality or agency, which is alleged to be in violation of this part, or any rule promulgated under this part, or order or permit issued pursuant to this part, or against any other person who is alleged to be in violation of this part, or any rule promulgated under this part, or order or permit issued pursuant to this part; or(2) Against the commissioner when the commissioner is alleged to have failed to perform any act or duty under this part that is not discretionary with the commissioner.(b) No action may be commenced under subdivision (a)(1):
(1) Until sixty (60) days after the plaintiff has provided written notice of the violation to the secretary, the commissioner, and any alleged violator; or(2) If the commissioner or the state has commenced and is diligently prosecuting a civil action in a court of this state or the United States to require compliance with this part, or any rule promulgated under this part, or order or permit issued pursuant to this part, but in any such action any person may intervene as a matter of right.(c) No action may be commenced under subdivision (a)(2) until sixty (60) days after the plaintiff has provided written notice of the violation to the commissioner, in the manner that the commissioner requires by rule, except that an action may be brought immediately after notice of the violation is provided to the commissioner, if the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.(d)(1) Any action brought under this section respecting a violation of this part or the rules promulgated thereunder may be brought only in the chancery court of the county in which the greater part of the surface coal mining and reclamation operation complained of is located.(2) The commissioner, if not a party, may intervene in any civil action brought under this section as a matter of right.(e) The court, in issuing any final order in any action brought under subsection (a), may award costs of litigation, including reasonable attorney fees and expert witness fees, to any party, whenever the court determines the award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Tennessee Rules of Civil Procedure.(f) Nothing in this section restricts any right that any person, or class of persons, may have under any statute or common law to seek enforcement of this part and the rules issued pursuant to it, or to seek any other relief, including relief against the commissioner.(g) Any person who incurs a personal injury or property damage due to an operator‘s violation of any rule, order, or permit issued pursuant to this part may bring an action for damages against the operator including reasonable attorney and expert witness fees, in the chancery court of the county in which the surface coal mining and reclamation operation complained of is located. Nothing in this subsection (g) affects the rights established by, or limits imposed under, the Workers’ Compensation Law, compiled in title 50, chapter 6.
