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CHESAPEAKE BAY FOUNDATION v. VIRGINIA STATE WATER

Civ. A. No. 77-0376-R.

501 F.Supp. 821 (1980)

CHESAPEAKE BAY FOUNDATION, INC., et al., Plaintiffs, v. VIRGINIA STATE WATER CONTROL BOARD et al., Defendants.

United States District Court, E. D. Virginia, Richmond Division.

October 9, 1980.

Attorney(s) appearing for the Case

Patrick M. McSweeney, McSweeney, Stutts & Burtch, Richmond, Va., Bruce J. Terris, Washington, D. C., Betty C. Higginbotham, Staff Atty., Annapolis, Md., for plaintiffs.

Norman Olitsky, Portsmouth, Va., Steven Lieberman, City Atty., Stuart E. Katz, Asst. City Atty., Portsmouth, Va., for intervening defendants.

Frederick S. Fisher, Asst. Atty. Gen., Richmond, Va., Gerald L. Baliles, Richmond, Va., J. Michael Hines, Dow, Lohnes & Albertson, and John Feore, Washington, D. C., for defendants.

MEMORANDUM

MERHIGE, District Judge.

This action was originally brought by two environmentally concerned groups active in the Chesapeake Bay area, the Chesapeake Bay Foundation, Inc. and Citizens Against the Refinery's Effects, Inc. (CARE), who oppose the issuance of a National Pollutant Discharge Elimination System (NPDES) permit under § 402 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1342, for the construction of a refinery...

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