Tennessee § 59-8-119 - Civil action by aggrieved person — Intervention by commissioner. [Contingent effective date, see Compiler's Notes.]

§ 59-8-119. Civil action by aggrieved person — Intervention by commissioner. [Contingent effective date, see Compiler's Notes.]

Except as provided in subsections (b) and (c), any aggrieved person may commence a civil action in the Davidson County chancery court or the chancery court in the district where the surface coal mining and reclamation operation is located to compel compliance with this part: Against the state or any state or local governmental agency, to the extent permitted by the eleventh amendment to the United States constitution, 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 Against the commissioner to the extent permitted by the eleventh amendment to the United States constitution, when the commissioner is alleged to have failed to perform any role or duty under this part that is not discretionary for the commissioner. No action may be commenced under subdivision (a)(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 If the commissioner, the board, or the state has commenced and is diligently prosecuting a civil action 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. 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 board requires by rules promulgated under § 59-8-103(b)(1), 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. The commissioner may intervene in any civil action brought under this section as a matter of right. 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. 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. Any person who incurs a personal injury or property damage due to an operator's violation of any regulation, 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 Davidson County chancery court or 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. Acts 2018, ch. 839, § 1. Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund. Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]