STATE WATER CONTROL v. SMITHFIELD FOODS

Record No. 000736.

542 S.E.2d 766 (2001)

STATE WATER CONTROL BOARD, et al. v. SMITHFIELD FOODS, INC.

Supreme Court of Virginia.

March 2, 2001.


Attorney(s) appearing for the Case

John R. Butcher, Senior Assistant Attorney General (Mark L. Earley, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on briefs), for appellants.

Anthony F. Troy (James S. Crockett, Jr., Matthew M. Farley; Mays & Valentine, on brief), Richmond, for appellee.

Amicus Curiae: American Meat Institute, Virginia Chamber of Commerce, Virginia Manufacturers Association, Illinois Pork Producers Association, North Carolina Pork Council, Virginia Pork Industry Association, North Carolina Citizens for Business & Industry, and Wisconsin Manufacturers & Commerce (Scott M. DuBoff; Arnold B. Podgorsky; Wendy N. Reed; Wright & Talisman, Washington, DC, on brief) in support of appellee.

Present: CARRICO, C.J., and LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ.


LACY, Justice.

This appeal arises from an enforcement action brought by the State Water Control Board and the Director of the Department of Environmental Quality (collectively "the Board") against Smithfield Foods, Inc. for alleged violations of a permit issued pursuant to both state and federal law. Following a successful action by the United States Environmental Protection Agency (EPA) in federal court for violations of the same permit, the Circuit Court of Isle...

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