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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD8491408Patrons--Plum, Almand, Christian, Connally, Cooper, Copeland, Crittenden, Darner, Dillard, Grayson, Jones, J.C., Melvin, Morgan, Murphy, Phillips, Puller, Robinson, Scott, Van Landingham and Van Yahres; Senators: Calhoun, Gartlan, Howell, Lambert, Lucas, Maxwell, Miller, Y.B., Waddell and Woods
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1318 and 62.1-44.29 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1318. Appeal from decision of Board.
A. Any owner aggrieved by a final decision of the Board under § 10.1-1309, § 10.1-1322 or subsection D of § 10.1-1307 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.).
B. Any person who is aggrieved by has participated, in
person or by submittal of written comments, in the public comment process
related to a final decision of the Board under § 10.1-1322, who
participated, in person or by submittal of written comments, in the public
comment process related to the Board's decision and who has exhausted all
available administrative remedies for review of the Board's decision,
shall be entitled to judicial review of the Board's decision in accordance
with the provisions of the Administrative Process Act (§ 9-6.14:1 et
seq.) if such person meets the standard for obtaining judicial review of
a case or controversy pursuant to Article III of the federal
Constitution. The person invoking jurisdiction under this
subsection bears the burden of establishing that A person shall
be deemed to meet such standard if (i) such person has suffered an
actual, or threatened or imminent injury;
(ii) such injury is an invasion of an immediate, legally protected,
pecuniary and substantial interest which is concrete and particularized;
(iii) such injury is fairly traceable to the decision of the Board
and not the result of the action of some third party not before the
court; and (iv) (iii) such injury will likely be
redressed by a favorable decision by the court.
§ 62.1-44.29. Judicial review.
(1) Any owner aggrieved by, or any person who has
participated, in person or by submittal of written comments, in the public
comment process related to, a final decision of the Board under §§
62.1-44.15 (5), 62.1-44.15 (8a), (8b), and (8c), 62.1-44.16, 62.1-44.17,
62.1-44.19 or § 62.1-44.25 relating to Virginia Pollution
Discharge Elimination System (VPDES) permits, whether such decision is
affirmative or negative in form, is entitled to judicial review thereof in
accordance with the provisions of the Administrative Process Act (§ 9-6.14:1
et seq.) if such person meets the standard for obtaining
judicial review of a case or controversy pursuant to Article III of the
federal Constitution. A person shall be deemed to meet such standard if (i)
such person has suffered an actual or threatened injury, (ii) such injury is
fairly traceable to a decision of the Board, and (iii) such injury will
likely be redressed by a favorable decision by the court.
(2) through (8) [Repealed.]