Commonwealth Ex Rel. State Water Control Board v. Appalachian Power Co.

Opinion

UPON REHEARING EN BANC

COLEMAN, J.

A divided panel of this Court upheld a ruling of the Circuit Court of the City of Roanoke which declared invalid two of the water control standards which the State Water Control Board (SWCB) attempted to adopt on October 7, 1987, dealing with the discharge of chlorine or other halogen compounds into certain state waters. See Commonwealth ex rel. State Water Control Bd. v. Appalachian Power Co., 9 Va. App. 254, 386 S.E.2d 633 (1989). A majority of the panel upheld the circuit court’s ruling that the standards were invalid because the SWCB, before…