Va, county sue EPA over water flow regulation

Published July 12, 2012 9:37pm ET



RICHMOND, Va. (AP) — Fairfax County and the Virginia Department of Transportation are accusing the U.S. Environmental Protection Agency of overstepping its powers in attempting to regulate water flow in the Accotink Creek watershed.

A lawsuit filed Thursday in U.S. District Court in Alexandria accuses the EPA of violating its authority under the Clean Water Act. It alleges the EPA is requiring the county to control the flow of water to help manage sediment discharges.

So-called total maximum daily loads are designed to keep a lake or stream from becoming overly polluted by various substances. The lawsuit says EPA issued a TMDL for the flow of water in Accotink Creek, rather than for a pollutant.

An EPA spokesman didn’t immediately respond to a request for comment.