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CHESAPEAKE BAY FOUNDATION v. VIRGINIA STATE WATER

Civ. A. No. 77-0376-R.

495 F.Supp. 1229 (1980)

CHESAPEAKE BAY FOUNDATION, INC. and Citizens Against the Refinery's Effects, Inc., Plaintiffs, v. VIRGINIA STATE WATER CONTROL BOARD et al., Defendants.

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

July 29, 1980.

Attorney(s) appearing for the Case

Patrick M. McSweeney, McSweeney, Stutts & Burtch, Richmond, Va., Bruce J. Terris, Washington, D. C., Betty C. Higginbotham, Staff Atty., Chesapeake Bay Foundation, Annapolis, Md., for plaintiffs.

Norman Olitsky, Portsmouth, Va., Steven Lieberman, City Atty., and Stuart E. Katz, Asst. City Atty./Portsmouth, Portsmouth, Va., for intervening defendants.

Frederick S. Fisher, Asst. Atty. Gen., Gerald L. Baliles, Richmond, Va., J. Michael Hines and John Feore, Washington, D.C., for defendants.

MEMORANDUM

MERHIGE, District Judge.

Plaintiffs, Chesapeake Bay Foundation, Inc. ("Chesapeake Bay") and Citizens Against the Refinery's Effects ("CARE"), instituted this action to challenge the issuance of a discharge permit to the Hampton Roads Energy Company ("HREC") by the Virginia State Water Control Board ("State Board").

Plaintiffs are non-profit organizations dedicated to conservation and environmental protection. Chesapeake Bay is a Maryland...

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