From an email from the Ches. Bay Foundation

CBF WINS MAJOR COURT VICTORY IN VIRGINIA

In an unprecedented victory for Virginia citizens and conservation groups,
the Virginia Court of Appeals has ruled that the Chesapeake Bay Foundation
(CBF) has the right to challenge pollution permits issued by the
Commonwealth of Virginia.
“The Court of Appeals has affirmed a critical right of all Virginians the
opportunity to prove in court that the state has failed to protect natural
resources that belong to us all,” said Jon Mueller, CBF Litigation
Director. “This is a significant victory for everyone who cares about the
Chesapeake Bay and the rivers that feed it.”

The April 4 ruling by a three-judge panel of the Appeals Court overturned a
decision last year by a Richmond Circuit Court judge. That judge had ruled
that CBF lacked the “standing,” or legal right, to challenge the state for
issuing a pollution permit to Philip Morris USA. CBF had challenged the
permit because it allows the giant cigarette manufacturer to dump excessive
amounts of nitrogen pollution from the company’s Chesterfield County, Va.,
plant into the already polluted James River.

CBF contends the state permit worsens the most serious problem plaguing the
James River and Chesapeake Bay nitrogen pollution and violates the federal
Clean Water Act and Virginia Water Control Law.

“Now we can argue in court about the real issue: Philip Morris’ pollution
discharges and the state’s failure to protect the James River,” Mueller
said. “The Appeals Court ruling is significant, but CBF’s ultimate goal is
to reduce the pollution going into the James River and the Chesapeake Bay.”

“Though most Virginians will probably never realize it, this ruling is
absolutely key in confirming the right of groups like the Chesapeake Bay
Foundation on behalf of its members to legally challenge state permits that
threaten the quality of the water in our rivers, streams and lakes, and the
bay,” said Deborah Murray, senior attorney with Charlottesville-based
Southern Environmental Law Center (SELC). SELC has fought for years in the
courts and in the General Assembly to obtain citizen standing for
Virginians, a right long-recognized under federal environmental laws. “Our
hats are off to the Bay Foundation for this important victory,” Murray
said.

The ruling marks the second time in a year that the Virginia Court of
Appeals has ruled in favor of CBF in a legal action against the
Commonwealth. Last July, a three-judge panel of the court overturned a
Richmond judge’s ruling that CBF and Citizens for Stumpy Lake, a Hampton
Roads conservation group, could not challenge a Virginia wetland protection
permit issued to a Hampton Roads developer. That Appeals Court sent that
case back to the lower court as well.


The member-supported Chesapeake Bay Foundation is dedicated solely to
saving the Chesapeake Bay. Its motto, Save the Bay, defines the
organization's mission and commitment. Donate to CBF.

Chesapeake Bay Foundation, Philip Merrill Environmental Center, 6 Herndon
Avenue, Annapolis MD 21403
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Note: Contributions are accepted by CBF!


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'Til next time,

John H

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***** Have a Spectacular Day! *****
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