Legal Opinion
Chesapeake Bay Foundation, Inc. v. Commonwealth Ex Rel. State Water Control Board
Court of Appeals of Virginia
Decided April 4, 2006No. 1175052PublishedCited by 3 opinions
1Opinion of the Court
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 for representational standing and that CBF failed to plead sufficient facts to demonstrate standing to sue in its own right. In…
2Cases cited18 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Sierra Club v. MortonSupreme Court of the United States · 1972
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3Cited by3 opinions
- Philip Morris USA v. CHESAOEAJE BAYSupreme Court of Virginia · 2007
- Chesapeake Bay Foundation, Inc. v. Commonwealth Ex Rel. Virginia State Water Control BoardCourt of Appeals of Virginia · 2008
- The Historic Green Springs, Inc. v. Virginia Department of Environmental QualityCourt of Appeals of Virginia · 2011