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APPALACHIAN VOICES v. AIR POLLUTION CTRL

Record No. 2199-09-2.

693 S.E.2d 295 (2010)

56 Va. App. 282

APPALACHIAN VOICES, Chesapeake Climate Action Network, Sierra Club and Southern Appalachian Mountain Stewards v. STATE AIR POLLUTION CONTROL BOARD and Virginia Electric and Power Company.

Court of Appeals of Virginia, Richmond.

May 25, 2010.

Attorney(s) appearing for the Case

Caleb A. Jaffe (John T. Suttles; Southern Environmental Law Center, Charlottesville, on briefs), for appellants.

Kerri L. Nicholas, Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General, on brief), for appellee State Air Pollution Control Board.

Timothy G. Hayes (Kevin J. Finto; Miranda R. Yost; Andrea W. Wortzel; Hunton & Williams LLP, on brief), Richmond, for appellee Virginia Electric and Power Company.

Present: FELTON, C.J., HUMPHREYS, J., and CLEMENTS, Senior Judge.

CLEMENTS, Judge.

Appalachian Voices, Chesapeake Climate Action Network, Sierra Club, and Southern Appalachian Mountain Stewards (collectively "the Coalition") appeal a decision of the circuit court affirming a decision of the State Air Pollution Control Board (the Board) to issue a permit pursuant to the Prevention of Significant Deterioration Program (PSD permit) to Virginia Electric and Power Company (Dominion) to build and operate a coal-fired electric generating...

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