"EPA Won’t Appeal Ruling on Va. Storm-Water Regulation"

"RICHMOND -- The Environmental Protection Agency will not appeal a federal district court’s ruling declaring it is illegal for the EPA to regulate storm water as a pollutant as it flows into Virginia waterways."

"A federal judge ruled Jan. 3 that the EPA illegally overreached its authority in attempting to regulate water as a pollutant by imposing rules on the flow of storm water into Fairfax County’s Accotink Creek. Judge Liam O’Grady said the agency could regulate pollutants within water, like sediment, but not the water itself.

The EPA notified Gov. Robert F. McDonnell’s office and the county that it would not file an appeal ahead of the Monday deadline."

Errin Haines reports for the Washington Post March 5, 2013.