Phillip Morris USA, Inc. v. Chesapeake Bay Found.

ELR Citation: ELR 20092
No(s). s. 060858, 060866 (Va. Apr 20, 2007)

The Virginia Supreme Court held that an environmental group has standing to appeal the State Water Control Board's approval of a wastewater discharge permit affecting the James River. The State Water Control Law authorizes representational standing to a corporate person seeking judicial review of a decision of the board. Here, the petition has met all the statutory requirements for representational standing. The group sufficiently pled a concrete, particularized, and legally protected injury to at least one of its members, the petition alleges sufficient facts to support the conclusion that there is a clear connection between the injury asserted and the board's decision, and the injury is redressable through a favorable decision by the court. The group also demonstrated individual standing since it has alleged injury to itself as an organization separate and apart from any injury to its members.

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