                                 CODE OF VIRGINIA

JUDICIAL REVIEW (§ 10.1-1457)

A. Except as provided in subsection B, any person aggrieved by a final decision
of the Board or Director under this chapter shall be entitled to judicial review
thereof in accordance with the Administrative Process Act (&#xA7; 2.2-4000 et
seq.).

B. Any person who has participated, in person or by the submittal of written
comments, in the public comment process related to a final decision of the Board
or Director under &#xA7; 10.1-1408.1 or &#xA7; 10.1-1426 and who has exhausted
all available administrative remedies for review of the Board&#8217;s or
Director&#8217;s decision, shall be entitled to judicial review thereof in
accordance with the Administrative Process Act (&#xA7; 2.2-4000 et seq.) if such
person meets the standard for obtaining judicial review of a case or controversy
pursuant to Article III of the United States Constitution. A person shall be
deemed to meet such standard if (i) such person has suffered an actual or
imminent injury which is an invasion of a legally protected interest and which
is concrete and particularized; (ii) such injury is fairly traceable to the
decision of the Board and not the result of the 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.

HISTORY: 1986, c. 492, § 10-312; 1988, c. 891; 1996, c. 1032.