Tennessee § 59-8-121 - Judicial review — Temporary relief. [Contingent effective date, see Compiler's Notes.]

§ 59-8-121. Judicial review — Temporary relief. [Contingent effective date, see Compiler's Notes.]

Notwithstanding § 20-4-101(a) to the contrary, any final order or determination by the board is subject to judicial review, and venue and jurisdiction for such action shall be in the Davidson County chancery court or the chancery court in the district where the surface mining operation is located. Judicial review shall be pursuant to § 4-5-322; however, no judicial review shall be had of any order that becomes final as a result of failure of the aggrieved party to appear at a hearing: That was requested by the aggrieved party; and For which the aggrieved party received adequate notice. In the case of a proceeding to review any order or decision issued by the board under this part, including an order or decision pertaining to any order for cessation of surface coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant any temporary relief that it deems appropriate pending a final determination of the proceedings if: All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; The person requesting relief shows that there is a substantial likelihood that that person will prevail on the merits of the final determination of the proceeding; and The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources. 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.]