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Virginia Department of Transportation v. EPA

ELR Citation: ELR 20002
Nos. 1:12-CV-775, (E.D. Va., 01/03/2013) (O'Grady, J.)

A district court held that EPA cannot regulate stormwater as a pollutant under the CWA. According to the court, the language of CWA §303(d)(1)(C) is clear. EPA may set TMDLs to regulate pollutants, and pollutants are carefully defined. Because stormwater runoff is not a pollutant under the Act, EPA may not regulate it via TMDLs....

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