Environmental Defense Fund v. Virginia State Water Control Board

Opinion

COLE, J. *

The appellant, Environmental Defense Fund, filed two cases in the Circuit Court of the City of Richmond designated as Chancery No. N-7848-2 (referred to herein as Rocco 1) and N-8078-3 (referred to herein as Rocco 2).

This appeal is from two orders sustaining the demurrers of appellees based on a finding that the Environmental Defense Fund (“EDF”) is without standing to challenge certain actions by the State Water Control Board (“Board”). On appeal, the issues are: (1) whether Code § 9-6.14:16 of the Virginia Administrative Process Act (“VAPA”) affords EDF a right of judicial…