A federal judge has ruled that the Environmental Protection Agency overstepped its bounds in trying to impose restrictions on stormwater in a Northern Virginia watershed, delivering a victory to Attorney General Kenneth T. Cuccinelli II, the stateâ€™s Department of Transportation and Fairfax County.
At issue was whether the EPA could regulate the flow of stormwater into the Accotink Creek in an effort to deal with the amount of sediment at its bottom. U.S. District Judge Liam O’Grady wrote in a nine-page opinion that water cannot be considered a â€œpollutantâ€ under the Clean Water Act (CWA).
â€œEPAâ€™s thinking here was that if Congress didnâ€™t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,â€ Mr. Cuccinelli said. â€œLogic like that would lead the EPA to conclude that if Congress didnâ€™t prohibit it from invading Mexico, it had the authority to invade Mexico. This incredibly flawed thinking would have allowed the agency to dramatically expand its power at its own unlimited discretion. Today, the court said otherwise.â€
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