10.1-603.13 - Appeals.
§ 10.1-603.13. Appeals.
Any permittee or party aggrieved by a permit or enforcement decision of thepermit issuing authority or Board, or any person who has participated, inperson or by submittal of written comments, in the public comment processrelated to a final decision of the permit issuing authority or Board underthis article, whether such decision is affirmative or negative, is entitledto judicial review thereof in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.) if such person meets thestandard for obtaining judicial review of a case or controversy pursuant toArticle III of the United States Constitution. A person shall be deemed tomeet such standard if (i) such person has suffered an actual or imminentinjury that is an invasion of a legally protected interest and that isconcrete and particularized; (ii) such injury is fairly traceable to thedecision of the permit issuing authority or the Board and not the result ofthe independent action of some third party not before the court; and (iii)such injury will likely be redressed by a favorable decision by the court.
The provisions of § 2.2-4030 shall not apply to decisions rendered bylocalities.
(1989, cc. 467, 499; 2004, c. 372.)