RECENT STATE DECISIONS

July 2005

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Tennessee Court of Appeals Dismisses Action against State Agency Alleging Negligent Advice Concerning Disposal of Hazardous Waste
Wells v. State of Tennessee

The Court of Appeals of Tennessee recently held that a private party who alleges it was damaged as a result of the negligent disposal of hazardous waste may not sue the Tennessee Department of Environment and Conservation (TDEC) on a theory that the department negligently gave advice to the party conducting the disposal operations. The court ruled that the state government had not waived sovereign immunity from such claims.