Court: Stormwater runoff not a pollutant, EPA can’t regulate it

However, the judge ruled otherwise.

“EPA may not regulate something over which it has no statutorily granted power … as a proxy for something over which it is granted power,” O’Grady said. “If the sediment levels in Accotink Creek have become dangerously high, what better way to address the problem than by limiting the amount of sediment permitted in the creek?”

According to the Virginia attorney general’s office, state taxpayers will save more than $300 million in unnecessary costs because of the ruling.

“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” Cuccinelli said. “Logic like that would lead the EPA to conclude that if Congress didn’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.”

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