W. Va. Code » §22B-3-3. Judicial review.
West Virginia Code

W. Va. Code § 22B-3-3 (2026)

Judicial review

✓ current as of May 2026
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ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.

§22B-3-3. Judicial review.

All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions:

(a) As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition shall be filed in the Supreme Court of Appeals within 30 days of the board’s order: Provided, That, if all parties consent to it, the proceedings may continue in the Circuit Court of Kanawha County;

(b) As to cases involving an order revoking or suspending a permit, the petition shall be filed in the circuit court of Kanawha County; and

(c) As to cases involving an order directing that any and all discharges or deposits of solid waste, sewage, industrial wastes, or other wastes, or the effluent therefrom, determined to be causing pollution be stopped or prevented or else that remedial action be taken, the petition shall be filed in the circuit court of the county in which the establishment is located or in which the pollution occurs.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2023 · leading case: West Virginia Land Resources, Inc. & Marion Cnty. Coal Resources, Inc. v. Am. Bituminous Power partners, L.P., a Delaware Ltd. P'ship v. West Virginia Land Resources, Inc., Marion Cnty. Coal Resources, INC., & West Virginia Env't Quality Bd. & Am. Bituminous Power partners, L.P., a Delaware Ltd. P'ship v. West Virginia Land Resources, Inc., Marion Cnty. Coal Resources, INC., & West Virginia Env't Quality Bd., No. 21-084521-088521-0893 (W. Va. June 14, 2023).
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West Virginia Land Resources, Inc. & Marion Cnty. Coal Resources, Inc. v. Am. Bituminous Power partners, L.P., a Delaware Ltd. P'ship v. West Virginia Land Resources, Inc., Marion Cnty. Coal Resources, INC., & West Virginia Env't Quality Bd. & Am. Bituminous Power partners, L.P., a Delaware Ltd. P'ship v. West Virginia Land Resources, Inc., Marion Cnty. Coal Resources, INC., & West Virginia Env't Quality Bd., No. 21-084521-088521-0893 (W. Va. June 14, 2023). · cites it 5× “West Virginia Code § 22B-3-3 (2018) requires that different order types be reviewed by different courts, and provides, in part: (a) As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition…”
Paul Ashbaugh v. Harold Ward, Acting Dir., No. 18-0954 (W. Va. June 3, 2020). “Here, because neither party argues that West Virginia Code § 22B-3-3 applies to this case, we assume that West Virginia Code § 29A-5-4 exclusively governs this case.”
W. Va. Code § 22B-3-3(a): 1 case
West Virginia Land Resources, Inc. & Marion Cnty. Coal Resources, Inc. v. Am. Bituminous Power partners, L.P., a Delaware Ltd. P'ship v. West Virginia Land Resources, Inc., Marion Cnty. Coal Resources, INC., & West Virginia Env't Quality Bd. & Am. Bituminous Power partners, L.P., a Delaware Ltd. P'ship v. West Virginia Land Resources, Inc., Marion Cnty. Coal Resources, INC., & West Virginia Env't Quality Bd., No. 21-084521-088521-0893 (W. Va. June 14, 2023). “West Virginia Code § 22B-3-3 (2018) requires that different order types be reviewed by different courts, and provides, in part: (a) As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition…”
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