Accotink Creek Tag

Cuccinelli vs. EPA Stormwater Case Verdict is In

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...

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Fairfax County Sues EPA in Challenging Stormwater Rule

As Virginia's most populous county and the second highest population density, Fairfax County is regularly looked to for the way that it manages growth while using its significant resources to manage and protect the environment. Last week, the County found it necessary to challenge an EPA ruling which recently established rules governing Total Maximum Daily Load (TMDL) limits for Accotink Creek.  The County argues that proposed TMDL limits cannot ensure that intended stormwater flow reductions will be achieved across the Accotink Creek watershed. Fairfax County, which by many accounts has demonstrated an exceptionally strong environmental commitment, is one of several localities who find themselves under EPA's scrutiny. “This is a new type of stormwater enforcement action,” says James Patteson, director of Public Works and Environmental Services. “While we are not sure why we and a handful of localities in the country were selected, we feel an obligation to other municipalities, businesses and entities...

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