Judge Slaps Down EPA Bid to Regulate Water as a Pollutant

 

A federal district judge Thursday shot down a “novel” EPA attempt to regulate the flow of water as a pollutant, stopping dead in its tracks what otherwise would have been a major regulatory expansion.

The ruling by U.S. District Judge Liam O’Grady handed a significant legal victory to Virginia Attorney General Kenneth T. Cuccinelli II, who is running for governor of the Commonwealth.

Cuccinelli personally argued the case before O’Grady on Dec. 14, warning the EPA’s attempt to regulate the flow of water into state waterways would amount to a “tremendous expansion” of its regulatory power.

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