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PHILIP MORRIS USA v. CHESAOEAJE BAY

Record No. 060858.

643 S.E.2d 219 (2007)

PHILIP MORRIS USA INC. v. The CHESAPEAKE BAY FOUNDATION, INC. Commonwealth of Virginia, ex rel. State Water Control Board, et al. v. The Chesapeake Bay Foundation, Inc.

Supreme Court of Virginia.

April 20, 2007.

Attorney(s) appearing for the Case

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

Stephen R. McCullough, Deputy State Solicitor General (Robert F. McDonnell, Attorney General; William E. Thro, State Solicitor General; William C. Mims, Chief Deputy Attorney General; Richard B. Campbell, Deputy Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on briefs), for appellants Commonwealth of Virginia, ex rel. State Water Control Board and David K. Paylor.

Jon A. Mueller (The Chesapeake Bay Foundation, Inc., on brief), Washington, DC, for appellee.

Amicus Curiae: W. Tayloe Murphy Jr. (Leon F. Szeptycki, on brief), in support of appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In these appeals, we consider whether the Court of Appeals of Virginia correctly determined that an environmental conservation organization has standing to appeal the approval of a wastewater discharge permit affecting the James River issued by the State Water Control Board. Specifically, the issue presented in these appeals is whether the organization has representational and individual standing to request judicial review...

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