Legal Opinion

Treacy v. Smithfield Foods, Inc.

Supreme Court of Virginia

Decided June 5, 1998No. Record 971773PublishedCited by 18 opinions

1Opinion of the CourtJustice Keenan

The dispositive issue in this appeal from a declaratory judgment decree is whether there was a justiciable controversy between the parties.

This case involves permits and an order issued by the State Water Control Board (Board) regulating the discharge of wastewater in conjunction with the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1251 et seq. (Clean Water Act, or the Act). The Act established the National Pollutant Discharge Elimination System (NPDES) as a means of regulating discharges into the United States’ navigable waters. Id.

The Clean Water Act prohibits the discharge of…

2Cases cited7 opinions

  1. Reisen v. Aetna Life & Casualty Co.Supreme Court of Virginia · 1983
  2. City of Fairfax v. ShanklinSupreme Court of Virginia · 1964
  3. Liberty Mutual Insurance v. BishopSupreme Court of Virginia · 1970
  4. Erie Insurance Group v. HughesSupreme Court of Virginia · 1990
  5. Blue Cross v. St. Mary's Hospital of Richmond, Inc.Supreme Court of Virginia · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State Water Control Board v. Smithfield Foods, Inc.Supreme Court of Virginia · 2001
  2. United States v. Smithfield Foods, Inc.Court of Appeals for the Fourth Circuit · 1999
  3. Bell v. SaundersSupreme Court of Virginia · 2009
  4. BOARD OF SUP. v. Town of PurcellvilleSupreme Court of Virginia · 2008
  5. Marshall v. WarnerRichmond County Circuit Court · 2004

13 more not listed; retrieve them via the Exa API.

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