EPA Will Not Appeal Virginia Water Regulation Judgment

According to a Virginia federal court, the EPA overstepped its authority when it attempted to regulate the flow of storm water into a creek.

A federal district court ruling against the Environmental Protection Agency regarding storm water regulation will not be appealed, according to agency officials. In January, a Virginia federal judge ruled that the EPA could not legally regulate water as a pollutant after it set rules on the flow of storm water into a Fairfax Country creek. 

The EPA attempted to prevent storm water, a possible pollutant, from flowing into the creek. With rules the agency tried to enforce, public funds and private properties could have potentially been seized by the county to build retention facilities for the storm water. However, according to Federal Judge Liam O’Grady, the EPA has the right to regulate pollutants within the water, like sediment, rather than regulating the water itself.

Virginia Attorney General Ken Cuccinelli estimated that by regulating pollutants rather than the water, the state will save the taxpayers nearly $300 million.

The county vows to find a successful and sustainable way to reach clean water goals now that this case has been resolved.

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