Commonwealth Ex Rel. Virginia State Water Control Board v. Blue Ridge Environmental Defense League, Inc.

HUMPHREYS, Judge.

The Commonwealth and Virginia Electric and Power Company (“appellants”) appeal from an order of the Circuit Court of the City of Richmond (“circuit court”) setting aside a portion of the reissuance of a five-year water discharge permit for Dominion Virginia Power’s North Anna Nuclear Power Station (“NANPS”). Specifically, appellants contend that the circuit court erred in (1) reversing the Virginia State Water Control Board (“SWCB”) and holding that the SWCB had not followed federal law as required by a state regulation where the SWCB had reasonably deferred to the…