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CHESAPEAKE BAY v. COM. EX REL. STATE WATER

Record No. 1175-05-2.

628 S.E.2d 63 (2006)

48 Va. App. 35

CHESAPEAKE BAY FOUNDATION, INC. v. COMMONWEALTH of Virginia, ex rel. STATE WATER CONTROL BOARD, Department of Environmental Quality, Robert G. Burnley, Director, Department of Environmental Quality and Philip Morris USA Inc.

Court of Appeals of Virginia, Richmond.

April 4, 2006.

Attorney(s) appearing for the Case

Jon A. Mueller, Washington, DC (Brian L. Buniva, Richmond; LeClair Ryan, on briefs), for appellant.

John K. Byrum, Jr., Assistant Attorney General (Judith Williams Jagdmann, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellee Commonwealth of Virginia, ex rel. State Water Control Board, Department of Environmental Quality, and Robert G. Burnley, Director, Department of Environmental Quality.

Brooks M. Smith (Andrea W. Wortzel; Hunton & Williams LLP, on brief), Richmond, for appellee Philip Morris USA Inc.

Present: ELDER and HUMPHREYS, JJ., and COLEMAN, S.J.

ELDER, Judge.

The Chesapeake Bay Foundation, Inc. (CBF) appeals from a decision dismissing its challenge to a permit issued to Philip Morris USA Inc. by the State Water Control Board (SWCB), upon the recommendation of the Department of Environmental Quality (DEQ) and Director Robert Burnley. CBF contends the circuit court erroneously granted the demurrers of SWCB, DEQ, Burnley, and Philip Morris. CBF argues the court erroneously held that Virginia law does not provide...

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