The Virginia Supreme Court appointed a Norfolk Circuit Court judge on Monday to hear Newport News’ appeal for a permit that state regulators denied for a massive reservoir in King William County. Judge Marc Jacobson has served on the bench since 1990. State legislators appointed him to the Circuit Court in 1995 and re-appointed him earlier this year. Jacobson was selected because he’s close, willing, experienced with administrative law and has no conflict with the agencies involved, said Fred Hodnett, the Supreme Court’s assistant executive secretary. Newport News cannot build the reservoir without a permit from the Virginia Marine Resources Commission for an intake pipeline that would draw water from the Mattaponi River and carry it to the 1,500-acre reservoir. The commission denied the permit in May on a 6-2 vote, largely because construction would occur in a prime spawning ground for American shad, a depleted fishery that Virginia protects with a fishing ban. City officials later asked the commission to reconsider its decision. Commission members declined. So Newport News took them to court. Judge Vincent Conway, chief of the Newport News Circuit Court, asked the Supreme Court in a July court order to appoint an outside judge, citing “the numerous personal and professional associations between the judges and city officials.” Conway said the intense debate about the reservoir could lead to questioning of a ruling by a local judge, given that each buys water from Newport News Waterworks, deals with city officials on an almost daily basis and works in an office partially funded by the city. “Just from a perception standpoint,” Conway said, “it’s better to err on the side of caution and bring in a stranger.” Newport News heads a coalition of Peninsula localities that wants to build the 12.2-billion-gallon reservoir by 2020 to ensure the area has enough water to satisfy future needs. Officials describe the reservoir as the most efficient and practical way to get that water. Environmental groups oppose the reservoir, saying it causes too much damage to plants and animals while giving the localities more water than they need. The Mattaponi Indian tribe also opposes it, citing its spiritual and cultural ties to the river. In court papers, Newport News has asked a judge to force the marine commission to hold a quasi-judicial hearing on the issue. If denied that, the city wants the judge to overturn the marine commission’s decision, saying construction does little damage to American shad eggs and larvae. Fred Carroll can be reached at 247-4756 or by e-mail at fcarroll@dailypress.com |
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