TREACY v. SMITHFIELD FOODS, INC.

Record No. 971773.

500 S.E.2d 503 (1998)

Dennis H. TREACY, et al. v. SMITHFIELD FOODS, INC.

Supreme Court of Virginia.

June 5, 1998.


Attorney(s) appearing for the Case

John R. Butcher, Assistant Attorney General (Mark L. Earley, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General; Stewart T. Leeth, Assistant Attorney General, Deborah Love Feild, Assistant Attorney General, on briefs), for appellants.

Anthony F. Troy (James S. Crockett, Jr.; Rani Russell Shea; Mays & Valentine, on brief), Richmond, for appellee.

Present: All the Justices.


KEENAN, Justice.

The dispositive issue in this appeal from a declaratory judgment decree is whether there was a justiciable controversy between the parties.

This case involves permits and an order issued by the State Water Control Board (Board) regulating the discharge of wastewater in conjunction with the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1251 et seq. (Clean Water Act, or the Act). The Act established the National Pollutant...

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