RICHMOND, Va. (AP) — A federal judge has ruled that the Environmental Protection agency exceeded its authority by attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant.

U.S. District Judge Liam O’Grady in Alexandria ruled late Thursday 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.