Bay Group Asks Court to Void Board’s Decision on Reservoir
By Rex Springston, Richmond Times-Dispatch
Feb. 17–An environmental group is asking a court to throw out a state decision that aided Newport News’ plans to develop a $235 million reservoir in King William County.
The Chesapeake Bay Foundation says in its appeal that the State Water Control Board acted illegally when it voted Dec. 14 to give the city more time to conduct state-required studies for the lake.
The bay group contends the board illegally shut the public out of the process by not holding a comment period before the meeting.
The board’s December vote reversed a Sept. 6 decision to deny the extra time. That earlier vote alarmed Newport News officials and appeared to set the project back. The city asked for a reconsideration and got it.
The bay group says the reconsideration also violated state law. The group filed its appeal Thursday in Richmond Circuit Court. A court date has not been set.
Bill Hayden, a spokesman for the state Department of Environmental Quality, said the board’s action was legal.
The issue was thoroughly researched, with help from the attorney general’s office, before the December meeting, Hayden said yesterday. The department provides staff to the water board.
The development is the latest in more than a decade of fighting over the reservoir, proposed for a rural spot about 35 miles northeast of Richmond.
Newport News says it needs the 1,500-acre lake to provide drinking water for a growing population. Opponents say the reservoir would destroy valuable wetlands, among other things.
The battle spilled into the General Assembly this session, contributing to a proposal to strip the water board of much of its power. The proposal appears to be headed for a yearlong study.
In its appeal, the bay group asked the court to send the case back to the board for a hearing.
Contact staff writer Rex Springston at rspringston@timesdispatch.com or (804) 649-6453.
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Copyright (c) 2007, Richmond Times-Dispatch
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