STATE OF TENNESSEE EX REL. HERBERT H. SLATERY, III, ET AL. v. NECESSARY OIL CO., ET AL. - Articles

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Posted by: Tanja Trezise on Mar 24, 2022

Court: TN Court of Appeals

Attorneys 1: Kenneth D. Hale, Bristol, Tennessee, for the appellants, Necessary Oil Co. and Realm Properties, LLC.

Attorneys 2: Herbert H. Slatery, III, Attorney General & Reporter; Andree S. Blumstein, Solicitor General; and Elizabeth P. McCarter, Senior Assistant Attorney General, for the appellees, State of Tennessee ex rel. Herbert H. Slatery, III, in his official capacity as the Attorney General & Reporter of Tennessee and David W. Salyers, P.E., Commissioner of the Tennessee Department of Environment and Conservation.

Judge(s): MCCLARTY

The State filed this action against the defendants for judicial enforcement of an order and assessment entered by the Tennessee Department of Environment and Conservation concerning violations of the Water Quality Control Act. The trial court granted partial summary judgment in favor of the State as to the defendants’ liability for upfront civil penalties and damages due under the order. We affirm.