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

ELR Citation: 37 ELR 20092
Nos. Nos. 060858, 060866, (Va., 04/20/2007)

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.