Sanifill of Tennessee, Inc. v. Tennessee Solid Waste Disposal Control Board

OPINION

BIRCH, Justice.

We granted the application for review under Rule 11, Tenn.RApp.P., filed by the Tennessee Solid Waste Disposal Control Board, the defendant in the original action. 1 At issue is whether the Tennessee Solid Waste Disposal Act, Tenn.Code Ann. § 68-211-101 et seq. authorizes the Tennessee Department of Environment and Conservation, in the exercise of its permit-issuing process, to restrict the number of counties from which private landfills may receive solid waste.

For the reasons stated below, we conclude that the statute does not confer such authority. Thus, we affirm as…