Pickard v. Tenn. Water Quality Control Bd.

The Tennessee Department of Environment and Conservation (TDEC) issued a permit allowing a limestone quarry to discharge water into Horse Creek. A wildlife sanctuary (sanctuary) filed a petition with the Tennessee Water Quality Control Board (Board) seeking to appeal the permit's issuance and requesting a declaratory order regarding the proper interpretation of the Antidegradation Rule (Rule). After the Board scheduled a contested case hearing, an ALJ dismissed the request for a declaratory order, concluding that Tenn. Code Ann. 69-3-105(i) provided the exclusive to obtain administrative review of TDEC's decision. Rather than pursuing the pending permit appeal, the sanctuary filed a petition in the chancery court seeking a declaratory judgment. The trial court issued a declaratory judgment regarding the proper interpretation and application of the Rule to the discharge permit. The Supreme Court reversed, holding (1) section 69-3-105(i) disallows parties challenging the issuance of a discharge permit from seeking a declaratory order from the Board regarding the issuance of the permit and requires parties to first exhaust their administrative remedies before seeking judicial review of the issuance of a discharge permit; and (2) the sanctuary failed to exhaust its administrative remedies, and therefore, the trial court should have declined to adjudicate the sanctuary's petition for a declaratory judgment. View "Pickard v. Tenn. Water Quality Control Bd." on Justia Law