ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, April 3, 1996 TAG: 9604030006
SECTION: EDITORIAL PAGE: A10 EDITION: METRO
IT IS past time Virginia gave citizens the right to go to court if they have reason to fear that an air- or water-pollution permit will do them harm.
Now, residents of the state can challenge air permits only if they can show an "immediate, substantial and pecuniary" interest, one of the most restrictive standards in the country. And Virginia's water-permitting process could not be more limiting: Only the party seeking the permit can take the state to court.
The right to file suit is called "standing," and the General Assembly passed legislation this past session to broaden so-called citizen standing on both types of permits. Last week, a panel of the 4th U.S. Circuit Court of Appeals ruled unanimously that the Environmental Protection Agency has the authority to take over Virginia's air-permitting program - and withhold up to $1 billion in highway funds - because the program does not comply with federal anti-pollution laws. A principal objection: the excessively restrictive standing law.
The state attorney general's office is studying whether to ask the U.S. Supreme Court to review the case. Whatever it decides, Gov. George Allen can sign the standing legislation because it was written to go into effect for air permits only if the EPA prevails in court. He should do so.
That would avoid legal complications. It's also in the best interests of the people of Virginia.
Administration officials, along with some business interests, oppose citizen standing because they fear frivolous lawsuits, and believe that residents already have ample input into the process. (Citizens can speak at administrative hearings before permits are decided.)
Hearing officers may indeed hear both sides before deciding on permits. But they know that often only one side - the party seeking the permit - can sue. That can color decisions. And environmental lawyers, who have researched standing cases nationwide, say there is no flood of lawsuits where citizens do have standing.
Rather, all parties get a fairer hearing in the administrative process, with officials taking greater care to follow the law. That might take somewhat longer, true, but it is only fair. It also conforms with the public's clearly demonstrable, strong and abiding interest in environmental protection.
LENGTH: Short : 47 linesby CNB