10.1-1457 - Judicial review. - Virginia Statutes

§ 10.1-1457. Judicial review.

A. Except as provided in subsection B, any person aggrieved by a finaldecision of the Board or Director under this chapter shall be entitled tojudicial review thereof in accordance with the Administrative Process Act (§2.2-4000 et seq.).

B. Any person who has participated, in person or by the submittal of writtencomments, in the public comment process related to a final decision of theBoard or Director under § 10.1-1408.1 or § 10.1-1426 and who has exhaustedall available administrative remedies for review of the Board's or Director'sdecision, shall be entitled to judicial review thereof in accordance with 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 which is an invasion of a legally protected interest and which isconcrete and particularized; (ii) such injury is fairly traceable to thedecision of the Board and not the result of the independent action of somethird party not before the court; and (iii) such injury will likely beredressed by a favorable decision by the court.

(1986, c. 492, § 10-312; 1988, c. 891; 1996, c. 1032.)