We always take time out to bask in the moment whenever a court rules against the EPA. Last year saw a few good moments for liberty lovers, not the least of which was Sackettv. EPA. In this case, the Supreme Court ruled unanimously that property owners can have their day in court during a compliance order spat with the EPA. That was very good news.
However, one must always be on guard against a hyperkinetic EPA. Fairfax County, Virginia, recently got a taste of victory this year against the rogue agency. Bestowing upon itself new powers, the EPA recently declared that storm water runoff, yes H2O, was a dangerous pollutant that needing regulating. Under this rule, municipalities across the country would have been exposed to potentially millions (even billions!) of dollars to mitigate the effects of storm water runoff. Virginia, seeing millions of its tax dollars flow down the storm drain, sued.
A federal court agreed with Fairfax county officials. It’s heartening to know that common sense sometimes still prevails.