Virginia Natural Gas, Inc. v. State Air Pollution Control Board

By Judge Randall G. Johnson

This is an appeal under the Administrative Process Act, Va. Code §§ 9-6.14:1 et seq., from the adoption by the State Air Pollution Control Board of certain regulations pertaining to motor vehicles which are related to the 1990 amendments to the federal Clean Air Act, 42 U.S.C. §§ 7401 et seq. At issue is whether the state statute which authorizes the Board to adopt the type of regulations at issue authorizes the particular regulations adopted. Specifically, does the statute’s provision that the standards specified in the statute “shall apply only to (i) motor…