HB 2396 Appeals of agency action for pollution discharge.
Kenneth R. Plum | all patrons    ...    notes
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Appeals of agency action. Allows certain persons who participated in the public comment process related to a final decision of the Air Pollution Control Board or the State Water Control Board regarding a permit to appeal the decision to circuit court. A specific list of sections pursuant to which the State Water Control Board makes decisions that may be appealed is replaced with a general reference to Virginia Pollution Discharge Elimination System permit decisions. To have standing, a person must be an aggrieved owner or have participated in the public comment process and must meet the test for standing established under Article III of the U.S. Constitution. This test is satisfied if a person has suffered an actual or threatened injury, the injury is fairly traceable to the Board's decision, and the injury will likely be redressed by a favorable decision of the court. Currently, decisions of the State Water Control Board are appealable only by aggrieved owners. The current test for standing to challenge permitting decisions of the Air Pollution Control Board requires that the prospective appellant has exhausted all administrative remedies and has suffered an actual, threatened or imminent injury that is an invasion of a pecuniary and substantial interest which is concrete and particularized.

Full text:
01/23/95  House: Presented & ordered printed LD8491408  pdf

01/23/95  House: Presented & ordered printed LD8491408
01/23/95  House: Referred to Committee on Conservation and Natural Resources
01/30/95  House: Assigned to C. N. R. sub-committee: Ad Hoc
02/01/95  House: Passed by indefinitely in C. N. R. (14-Y 7-N)