ALLIANCE TO SAVE THE MATTAPONI, et al.
v.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF ENVIRONMENTAL QUALITY, ex rel. STATE WATER CONTROL BOARD, et al.
Mattaponi Indian Tribe, et al.
v.
Commonwealth of Virginia, Department of Environmental Quality, ex rel. State Water Control Board, et al.
Supreme Court of Virginia.https://leagle.com/images/logo.png
November 4, 2005.
November 4, 2005.
Attorney(s) appearing for the Case
Deborah M. Murray (Southern Environmental Law Center, on briefs), for appellants (Record No. 042196).
John K. Byrum, Jr., Assistant Attorney General; George A. Somerville (Judith Williams Jagdmann, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General; James E. Ryan, Jr.; M. Scott Hart; Stuart E. Katz, City Attorney, Allen L. Jackson, Deputy City Attorney; Troutman Sanders, on brief), for appellees (Record No. 042196).
Amici Curiae; Virginia Municipal League, and Local Government Attorneys of Virginia, Inc. (Howard W. Dobbins; D. Kyle Deak; Williams Mullen, on brief), in support of appellee City of Newport News' opposition to appellee Commonwealth of Virginia's motion to dismiss (Record Nos. 042196 & 042198).
David S. Bailey; Eric D. Albert (Hope M. Babcock; Curtis Berkey; Institute for Public Representation; Alexander, Berkey, Williams & Weathers, on briefs), for appellants (Record No. 042198).
John K. Byrum, Jr., Assistant Attorney General; M. Scott Hart (Judith Williams Jagdmann, Attorney General; Roger L. Chaffe, Senior Assistant Attorney General; James E. Ryan, Jr.; George A. Somerville; Stuart E. Katz, City Attorney, Allen L. Jackson, Deputy City Attorney; Troutman Sanders, on brief), for appellees (Record Nos. 042198 & 042826).
Eric D. Albert (David S. Bailey; Hope M. Babcock; Curtis Berkey; Institute for Public Representation; Alexander, Berkey, Williams & Weathers, on briefs), for appellants (Record No. 042826).
Present: All the Justices.
Supreme Court of Virginia.
KEENAN, Justice.
In this consolidated appeal, we consider questions relating to a Virginia Water Protection Permit (the permit) issued by the State Water Control Board (the Board) to the City of Newport News (the City) for construction of the King William Reservoir.
This appeal raises two distinct sets of issues. The first set of issues is based on an appeal from the Court of Appeals under the Virginia Administrative Process Act (the APA), Code § 2.2...
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