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CHESAPEAKE BAY FOUNDATION, INC. v. UNITED STATES

No. CA77-0376-R.

445 F.Supp. 1349 (1978)

CHESAPEAKE BAY FOUNDATION, INC. and Citizens Against the Refinery's Effects, Inc., Plaintiffs, v. UNITED STATES et al., Defendants.

United States District Court, E. D. Virginia, Richmond Division.

February 28, 1978.

Attorney(s) appearing for the Case

Patrick M. McSweeney, Richmond, Va., with Bruce J. Terris, Washington, D. C., Thomas B. Lewis, Staff Atty., Chesapeake Bay Foundation, Annapolis, Md., for plaintiffs.

Norman Olitsky, Gordon B. Tayloe, Jr., City Atty., Portsmouth, Va., for intervening defendants.

Eliot Norman, Asst. U. S. Atty., Richmond, Va., Steven Schatzow, EPA, Washington, D. C., Patrick J. Cafferty, Dept. of Justice, Washington, D. C., for defendants United States and Costle.

David E. Evans, Asst. Atty. Gen., Richmond, Va., for Virginia State Water Control Board.

Gerald L. Baliles, Richmond, Va., J. Michael Hines, Washington, D. C., for Hampton Roads Energy Co., Inc.

MEMORANDUM

MERHIGE, District Judge.

Plaintiffs, Chesapeake Bay Foundation, Inc. and Citizens Against the Refinery's Effects, Inc., seek declaratory judgment, injunctive relief and mandamus with regard to a decision to issue a discharge permit for a proposed petroleum refinery to be located in Portsmouth, Virginia. Plaintiffs are nonprofit conservation organizations and oppose the issuance of a National Pollutant Discharge Elimination System (NPDES) permit...

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