Legal Opinion
State Water Control Board v. Smithfield Foods, Inc.
Supreme Court of Virginia
Decided March 2, 2001No. Record 000736PublishedCited by 47 opinions
1Opinion of the CourtJustice Lacy
This appeal arises from an enforcement action brought by the State Water Control Board and the Director of the Department of Environmental Quality (collectively “the Board”) against Smithfield Foods, Inc. for alleged violations of a permit issued pursuant to both state and federal law. Following a successful action by the United States Environmental Protection Agency (EPA) in federal court for violations of the same permit, the Circuit Court of Isle of Wight County sustained Smithfield’s plea of res judicata and dismissed the Board’s enforcement case. For the following reasons, we will affirm…
2Cases cited13 opinions
- Tyrone Andrews v. J. M. Daw, in His Individual CapacityCourt of Appeals for the Fourth Circuit · 2000
- United States v. Itt Rayonier, IncorporatedCourt of Appeals for the Ninth Circuit · 1980
- Storm v. Nationwide Mutual InsuranceSupreme Court of Virginia · 1957
- Harmon Industries, Inc.,appellee v. Carol M. Browner, in Her Official Capacity as Administrator of the United States Environmental Protection Agency United States of America United Statesenvironmental Protection Agency,appellants. Pacific Legal Foundation Michigan Manufacturers Association Mississippi Manufacturers Association Illinois Manufacturers Association South Carolina Chambers of Commerce Environmental Federation of Oklahoma Arkansas State Chamber of Commerce Associated Industries of Arkansas, Inc. Wisconsin Manufacturers and Commerce the Texas Natural Resource Conservation Commission American Forest & Paper Association American Iron & Steel Institute American Petroleum Institute Chamber of Commerce of the United States Chemical Manufacturers Association Corporate Environmental Enforcement Council Commercial Affairs Committee of the Hazardous Waste Action Coalition National Association of Manufacturers National Mining Association National Petrochemical & Refiners Association Rubber Manufacturers Association Utility Solid Waste Activities Group Washington Legal Foundation Missouri Chamber of Commerce Associated Industries of Missouri, Amici on Behalf of appellee.noCourt of Appeals for the Eighth Circuit · 1999
- Nero v. FerrisSupreme Court of Virginia · 1981
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3Cited by47 opinions
- Weinberger v. TuckerCourt of Appeals for the Fourth Circuit · 2007
- Davis v. Marshall Homes, Inc.Supreme Court of Virginia · 2003
- Lee v. SpodenSupreme Court of Virginia · 2015
- John Bennett v. James GarnerCourt of Appeals for the Fourth Circuit · 2019
- Brooks v. ArthurCourt of Appeals for the Fourth Circuit · 2010
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