The recent Tennessee Environmental Network Show of the South (TENSOS) was a successful event, with around 800 industry professionals in attendance. The three-day conference took place at the Chattanooga Convention Center, with more than 70 unique education courses. The TBA Environmental Law Section was instrumental in building the legal track, which provided sessions on the current state of Tennessee wetlands, legislative updates, brownfields, CERCLA and more. The forum also featured a reception honoring Tennessee Department of Environment & Conservation Commissioner David Salyers. Sponsors of the reception included Grant Kovalinka & Harrison; Burr Forman; Davey Resource Group; Chambliss Bahner & Stophel; Bass Berry & Sims; Butler Snow; Baker Donelson; Bradley Arant Boult Cummings; and the Tennessee Bar Association. View photos from the event here.

The TBA would like to recognize its Environmental Law Section Executive Council. The group meets monthly to plan continuing education opportunities, and to review, proffer and comment on relevant laws and policies. The organization thanks all council members for their hard work and dedication in providing TBA members essential and substantive education on environmental law.

Section Chair: Ellery Richardson, Tennessee Dept. of Environment & Conservation
Vice Chair: Payton Bradford, Tennessee Dept. of Environment & Conservation
Immediate Past Chair: Katherine Barnes, Butler Snow

Delegates:
Ashley Strittmatter, Baker Donelson Bearman Caldwell & Berkowitz, East Tennessee
Courtney Keehan, Chambliss Bahner & Stophel, East Tennessee
David Higney, Grant Konvalinka & Harrison, East Tennessee
G. Scott Thomas, Bass Berry & Sims, Middle Tennessee
Jaz Boon, Bridgestone Americas, Middle Tennessee
Jennifer Brundige, Tennessee Valley Authority, East Tennessee
Jenny Howard, Tennessee Dept. of Environment & Conservation, Middle Tennessee
Jim Lenschau, Wyatt Tarrant & Combs, West Tennessee
Meryl Harris, Tennessee Valley Authority, Middle Tennessee
Randy Womack, Glankler Brown, West Tennessee

The Tennessee Department of Environment and Conservation (TDEC) this week announced the first round recipients of Brownfield Redevelopment Area Grants (BRAG), which will fund remediation projects across the state. Part of the Rural Brownfield Redevelopment Investment Act, BRAG grants will be awarded in three categories — identification, investigation and remediation. The recent grants fall in the identification category, providing applicants up to $20,000 to conduct brownfield inventories. “The Brownfield Redevelopment Area Grants are a key mechanism in enabling communities to repurpose contaminated properties,” said TDEC Commissioner David Salyers. “We are grateful to Governor Lee and the General Assembly for their commitment to this important initiative, and we look forward to the improvements that will come from this process.” View the 36 initial grant recipients on the TDEC website.

The Biden administration last week announced plans to halt the purchase of single-use plastics by the federal government. Its strategy is mapped out in the recently published "Mobilizing Federal Action on Plastic Pollution: Progress, Principles and Priorities," an interagency effort to phase out use of these plastics for food, events and packaging by 2027, and ban single-use plastics from all government operations by 2035. The administration outlined simple measures such as switching to refillable printer cartridges and cleaning supplies, and eliminating single-use plastic bottles in favor of water refill stations. Another step in the plan is to eliminate plastic bags from U.S. military base commissaries. Brenda Mallory, chair of the White House's Council on Environmental Quality, said the initiative would “require unprecedented action at every stage of the plastic life cycle,” and that because of its purchasing power “the federal government has the potential to significantly impact the supply of these products.” Currently, the government is the largest buyer of consumer goods in the world. The New York Times has more.

Chattanooga lawyer and past TBA President Sam Elliott was confirmed as chair-elect of the Tennessee Bar Foundation (TBF) Board of Trustees at the group's annual meeting in Memphis. He will serve a one-year term and move into the chair position beginning in June 2025, succeeding Jackie Dixon, also a past TBA president. The TBF administers Tennessee’s Interest On Lawyers’ Trust Accounts program, honors distinguished attorneys as “fellows” and supports law-related public interest projects through grants. Chattanoogan.com has more.

Defendant, Jamie Rebecca Ryan, pleaded guilty in Bedford County Circuit Court to one count of possession of 0.5 grams or more of methamphetamine with intent to sell, a Class B felony. The parties agreed to an eight-year sentence, with the manner of service of sentence left to the trial court’s discretion. Following a sentencing hearing, the trial court ordered Defendant to serve her full sentence in the custody of the Tennessee Department of Correction (TDOC), consecutive to a five-year sentence for a prior unrelated offense. On appeal, Defendant argues the trial court abused its discretion in ordering Defendant to serve a sentence of full incarceration and in imposing consecutive sentences. After review, we affirm the judgment of the trial court.

Petitioner, Cortney R. Logan, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis as untimely. Following our review of the entire record, briefs of the parties, and the applicable law, we affirm the judgment of the coram nobis court.

Members of Tennessee’s congressional delegation recently signed on to a letter from 64 Republican members of Congress to U.S. Attorney General Merrick Garland. The letter questioned the Department of Justice’s efforts to prevent individuals entering the country illegally from registering to vote in American elections. State officials across the country have recently taken steps to investigate cases of illegal voter registration by non-citizens. According to Clarksville Online, the members expressed concerns regarding efforts to enforce laws that prohibit non-citizens from voting.

McKay's Knoxville store employees are unionizing to secure better working conditions and a stronger voice in company decisions. The recent 50th-anniversary road trip promotion, which overwhelmed staff and sent some fans to the hospital due to heat, highlighted issues like poor communication and employee strain. The union is facing challenges in contract negotiations with management, including labor charges filed with the National Labor Relations Board. “Some people think we were protesting, but it was an informational picket about us and our difficulties in bargaining with them because they are basically going as slow as possible," said Aaron Hege, a union leader who has worked at McKay's for 27 years. Knox News has the story.

The Defendant, Shanada Nicole Snipes, pled guilty in the Madison County Circuit Court to aggravated robbery, aggravated assault, and multiple drug offenses. After a sentencing hearing, she received an effective ten-year sentence to be served in confinement. On appeal, the Defendant claims that the trial court erred by failing to apply mitigating factor (13) to her convictions. Upon review, we conclude that the trial court properly sentenced the Defendant. However, we also conclude that the Defendant’s conviction of possession of a Schedule II controlled substance with intent to sell in count three must be reversed and vacated because the Defendant was not charged with that offense and that the case must be remanded to the trial court for correction of the judgment in count four to reflect that the Defendant received a ten-year sentence for possession of a Schedule II controlled substance with intent to deliver. The Defendant’s convictions and effective ten-year sentence are affirmed in all other respects.