Holtzman Oil Corp. v. Commonwealth

FITZPATRICK, Chief Judge.

Holtzman Oil Corp. (Holtzman) appeals a final circuit court judgment upholding a decision by the Commonwealth’s Department of Environmental Quality (DEQ) denying reimbursement from the Petroleum Storage Tank Fund (Tank Fund). 1 After the DEQ denied its request, Holtzman appealed pursuant to the Virginia Administrative Process Act (VAPA), Code §§ 9-6.14:1 through 9-6.14:25. The circuit court ruled that the agency’s decision was not “arbitrary or capricious resulting in a clear abuse of discretion.” The sole issue raised on appeal is whether the evidence supports the…