January 14, 2013

EPA Cannot Regulate Stormwater as a Pollutant

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In a recent ruling the Eastern District of the Federal Court in Virginia ruled that the Environmental Protection Agency (“EPA”) cannot regulate stormwater as a pollutant under the Clean Water Act (“CWA”). Fairfax County and the State of Virginia sued the EPA claiming that their attempted regulations of stormwater as a pollutant violated the CWA. Here is an article from the Washington Post also discussing the case. We will continue to follow this case and will be looking into implications on regulations in Oregon and Washington.

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