EPA’s Stormwater Flow Limit Axed In Va. Suit

Law360, Chicago (January 4, 2013, 1:52 PM EST) -- A Virginia federal judge on Thursday axed the U.S. Environmental Protection Agency's bid to restrict stormwater flow in a Potomac River tributary as if it were a pollutant, siding with the state's transportation department and Fairfax County officials in their suit challenging the regulation.

U.S. District Judge Liam O'Grady ruled that the EPA exceeded its authority under the Clean Water Act when it established a total maximum daily load, or TMDL, for the flow rate of stormwater into the Accotink Creek.

The EPA said that the...
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