BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE, INC. v. COMMONWEALTH, 720 S.E.2d 138 (2012)

Summary

In an appeal from a circuit court ruling setting aside a portion of the State Water Control Board’s reissuance of a five-year water discharge permit for heated water from a nuclear power plant, the Court of Appeals’ judgment, reversing the circuit court’s decision, is affirmed for the reasons set forth in Commonwealth v. Blue Ridge Environmental Defense League, Inc., 56 Va. App. 469, 694 S.E.2d 290 (2010).

Counsel

Robert L. Wise (David E. Gluckman; Bowman and Brooke, on briefs), Richmond, for appellants.

E. Duncan Getchell, Jr., J. Tracy Walker, IV, (Kenneth T. Cuccinelli, II, Attorney General; 139*139 David C. Grandis, Assistant Attorney General; David E. Evans; Darin K. Waylett, Richmond; Kristy A. Niehaus Bulleit; McGuireWoods, Richmond; Hunton & Williams, on brief), for appellees.

Present: KINSER, C.J., LEMONS, and MILLETTE, JJ., and CARRICO, RUSSELL, LACY, and KOONTZ, S.JJ.

PER CURIAM.

We granted the petition for appeal in this case to determine whether the Court of Appeals erred in reversing a circuit court’s judgment and applying the arbitrary and capricious standard of review to the State Water Control Board’s (Board) decision to reissue a Virginia Pollutant Discharge Elimination System permit to Virginia Electric and Power Company for its North Lake Anna Nuclear Power Station (the Station). We also determine whether the Court of Appeals erred in reversing the circuit court and affirming the Board’s determination that the discharge of heated water from the Station into a waste heat treatment facility, classified as a “waste treatment facility” under state and federal regulations, does not require a separate discharge permit.

We have considered all the issues raised in the assignments of error and for the reasons stated in the opinion of the Court of Appeals in Commonwealth v. Blue Ridge Environmental Defense League, Inc., 56 Va.App. 469, 694 S.E.2d 290 (2010), we will affirm its judgment.

Affirmed.