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EPA won't appeal Accotink Creek stormwater ruling

Tuesday - 3/5/2013, 7:51am  ET

RICHMOND, Va. (AP) -- The Environmental Protection agency says it won't appeal a judge's ruling that the agency overstepped its authority by attempting to regulate stormwater runoff as a pollutant.

U.S. District Judge Liam O'Grady in Alexandria ruled in January in favor of the Virginia Department of Transportation and the Fairfax County Board of Supervisors, which challenged EPA's restrictions on the flow of stormwater into Accotink Creek. O'Grady said EPA can regulate pollutants such as sediment within stormwater, but not the water itself.

Virginia Attorney General Ken Cuccinelli, who argued the case, said Monday that the EPA informed his office of its decision not to appeal. The EPA confirmed the decision in a written statement.

Cuccinelli says the ruling could ultimately save Virginia taxpayers more than $300 million.

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