Yesterday in a Federal court room in Alexandria, Virginia US District Judge Liam O’Grady ruled against the US EPA and in favor of VDOT and Fairfax County. The EPA had sought restrictions on stormwater flows of the Accotick Creek in Fairfax County in order to reduce sediment flow. Virginia Attorney General Ken Cuccinelli led the case representing VDOT and the Fairfax County Board of Supervisors who challenged the EPA’s claim that stormwater should be regulated as a pollutant.
O’Grady said in his ruling that “Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it.” Cuccinelli and Virginia Governor Bob McDonnell stated that the EPA regulation would have cost Virginia taxpayers in Fairfax alone in excess of $300 million if the ruling were in favor of EPA and addional costs apporaching $100 million to retrofit and redesign VDOT projects to comply.
Additional details of the case are addressed in today’s Richmond Times-Dispatch