Judicial Review — Temporary Relief. [Contingent Effective Date, See Compiler's notes.]

1. Law
2. Tennessee Code
3. Mines and Mining
4. Strip and Open Pit Mines
5. Primacy and Reclamation Act of Tennessee [Contingent Effective Date, See Compiler's notes.]
6. Judicial Review — Temporary Relief. [Contingent Effective Date, See Compiler's notes.]

1. 1. 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.
   2. 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:
      1. That was requested by the aggrieved party; and
      2. For which the aggrieved party received adequate notice.
2. 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:
   1. All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
   2. 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
   3. The relief requested will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air, or water resources.

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