THOMAS MARLIN ROBERTS ET AL. v. TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION ET AL. - Articles

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THOMAS MARLIN ROBERTS ET AL. v. TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION ET AL.

Posted by: Azya Thornton on Jan 17, 2025

Court: TN Court of Appeals

Attorneys 1: Jonathan Skrmetti, Attorney General and Reporter; J. Matthew Rice, Solicitor General; J. Peter Murrey, Senior Assistant Attorney General, for the appellants, Tennessee Department of Environment and Conservation and Tennessee Underground Storage Tanks and Solid Waste Disposal Control Board.

Attorneys 2: Steven G. Roberts, Collierville, Tennessee, for the appellees, Thomas Marlin Roberts and Angela Roberts.

Judge(s): STAFFORD

Homeowners removed underground storage tanks found on their property. After finding evidence of petroleum contamination where the tanks had been located, the Tennessee Department of Environment and Conservation began an extensive cleanup process. The Department subsequently issued a cost-recovery order against the homeowners to recoup its expenditures. The homeowners petitioned for review of the cost-recovery order to the Underground Storage Tanks and Solid Waste Disposal Control Board, which upheld the order. The homeowners appealed this initial ruling to the Board and the order was again upheld. The homeowners then appealed the Board’s final ruling to the trial court, which reversed the Board’s judgment. The Department and the Board now appeal. Because we determine that the trial court lacked subject matter jurisdiction, we vacate the trial court’s order and remand the matter for transfer to the proper court.

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