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COM. v. BLUE RIDGE ENVIRONMENTAL DEFENSE

Record Nos. 2221-09-2, 2222-09-2.

694 S.E.2d 290 (2010)

56 Va. App. 469

COMMONWEALTH of Virginia, ex rel. VIRGINIA STATE WATER CONTROL BOARD and David K. Paylor, Director, Department of Environmental Quality v. BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE, INC., People's Alliance For Clean Energy, Barbara J. Crawford, Gary Muller and Arden "Tersh" Norton. Virginia Electric and Power Company, d/b/a Dominion Virginia Power v. Blue Ridge Environmental Defense League, Inc., People's Alliance For Clean Energy, Barbara J. Crawford, Gary Muller and Arden "Tersh" Norton.

Court of Appeals of Virginia, Richmond.

June 29, 2010.

Attorney(s) appearing for the Case

E. Duncan Getchell, Jr., State Solicitor General (William C. Mims, Attorney General; Robert L. Chaffe, Senior Assistant Attorney General; David C. Grandis, Assistant Attorney General, on briefs), for appellants Commonwealth of Virginia, ex rel. Virginia State Water Control Board and David K. Paylor, Director of the Department of Environmental Quality.

J. Tracy Walker (David E. Evans, Richmond; E. Duncan Getchell, Jr.; Darin K. Waylett, Richmond; Kristy A. Niehaus Bulleit; McGuireWoods LLP, Richmond; Hunton & Williams LLP, McLean, on briefs), for appellant Virginia Electric and Power Company, d/b/a Dominion Virginia Power.

James B. Dougherty (Robert L. Wise, Richmond; Law Office of J.B. Dougherty; Bowman and Brooke LLP, Richmond, on brief), for appellees.

Present: FELTON, C.J., CLEMENTS, S.J., and HUMPHREYS, J.

HUMPHREYS, Judge.

The Commonwealth and Virginia Electric and Power Company ("appellants") appeal from an order of the Circuit Court of the City of Richmond ("circuit court") setting aside a portion of the reissuance of a five-year water discharge permit for Dominion Virginia Power's North Anna Nuclear Power Station ("NANPS"). Specifically, appellants contend that the circuit court erred in (1) reversing the Virginia State...

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