West Virginia Code § 22-25-7

Judicial review of department decision on acceptance of application to
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participate in the environmental excellence program.
The decision of the department to refuse to accept an application for participation in the
environmental excellence program is not subject to judicial review. The decision of the
department to enter into an environmental performance agreement may be appealed to the
environmental quality board by any person aggrieved or adversely affected eby the action
being appealed, pursuant to the provisions of article one, chapter twenty-two-b of this code.

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