Monday, July 14, 2014

New Development Towards Saving the James

In a development that further forestalls Dominion Power’s attempt to obstruct and impair the historically significant James River view shed, the Virginia Supreme Court has agreed to hear an appeal by James City County of the Virginia State Corporation Commission’s Final Order allowing the construction of the 300+ foot transition towers. As announced on July 12, the court will consider issues raised by James City County with the help of the Save the James Alliance, especially the James River Association. 

This appeal seeks to dismiss the SCC’s final order or order a new hearing. According to one source, the appellants’ area of focus on errors is on the complete disregard of state statutes that protect historic and cultural resources, and secondly, a challenge to a land use ruling which, if not overturned, would set a precedent in the state regarding a utility's right to use land any way they see fit, regardless of local laws and zoning.

There remains the separate issue of the section 404 permit by the Army Corps of Engineers and its adherence to public hearing and comment process as required by law and regulations.

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