THE MATTAPONI INDIAN TRIBE, Carl T. Lone Eagle Custalow, Assistant Chief
v.
COMMONWEALTH of Virginia DEPARTMENT OF ENVIRONMENTAL QUALITY, EX REL. STATE WATER CONTROL BOARD, Robert G. Burnley, Director & Executive Secretary, and City of Newport News.
Alliance to Save the Mattaponi, Chesapeake Bay Foundation, Inc., Mattaponi and Pamunkey Rivers Association, Sierra Club, Paulette P. Berberich and Warren Mountcastle
v.
Commonwealth of Virginia, Department of Environmental Quality, ex rel. State Water Control Board Robert G. Burnley, Director & Executive Secretary, and City of Newport News
Court of Appeals of Virginia, Chesapeake.https://leagle.com/images/logo.png
August 31, 2004.
August 31, 2004.
Attorney(s) appearing for the Case
David S. Bailey, Manassas (Curtis Berkey, Washington, DC; Hope M. Babcock; Eric D. Albert; Saikat Chatterjee, Law Student Intern; Charles Beene, Law Student Intern; David S. Bailey, P.L.L.C.; Georgetown University Law Center Institute for Public Representation, on briefs), for appellant The Mattaponi Indian Tribe, Carl T. Lone Eagle Custalow, Assistant Chief.
Deborah M. Murray (Southern Environmental Law Center, on briefs), for appellants Alliance to Save the Mattaponi, Chesapeake Bay Foundation, Inc., Mattaponi and Pamunkey Rivers Association, Sierra Club, Paulette P. Berberich, and Warren Mountcastle.
Rick R. Linker, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on briefs), for appellee Commonwealth of Virginia, Department of Environmental Quality, ex rel., State Water Control Board, Robert G. Burnley, Director & Executive Secretary.
M. Scott Hart, Virginia Beach (James E. Ryan, Jr., George A. Somerville, Richmond; Stuart E. Katz, City Attorney; Allen L. Jackson, Chief Deputy City Attorney; Troutman Sanders, L.L.P., on briefs, Virginia Beach), for appellee City of Newport News.
Present: Chief Judge FITZPATRICK, Judge KELSEY and Retired Judge STEPHENS..
Court of Appeals of Virginia, Chesapeake.
D. ARTHUR KELSEY, Judge.
Newport News requested and received a permit from the State Water Control Board (SWCB) to go forward with the proposed King William Reservoir, a large-scale water supply project that principally relies on freshwater withdrawals from the Mattaponi River. The Mattaponi Indian Tribe and Alliance to Save the Mattaponi, et al. filed separate chancery actions seeking to overturn the permit decision under the Virginia Administrative Process...
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