Vol 20 No 8 November 16, 2012

Industry Intervenes on Accotink TMDL Lawsuit

NAIOP Northern Virginia, The Commercial Real Estate Development Association (NAIOP), National Association of Homebuilders (NAHB) and Northern Virginia Association of Realtors (NVAR) filed a motion to intervene October 18, 2012, on the lawsuit between Fairfax County/VDOT vs. EPA (see Field Notes Vol. 20 No.6). This motion was approved by Consent Order by Judge Liam O'Grady on November 15, 2012. It is widely expected that EPA will try to negotiate a settlement – this action will allow organizations representing affected land owners a seat at the table.

There was also a related lawsuit filed on September 5, 2012 (Occoquan Watershed Coalition and the Springfield District Council vs EPA), which was filed to repeal the Accotink TMDL, based upon a 10th Amendment violation.

More information on these lawsuits can be obtained at the links below or by contacting Mike Rolband.

Consent Order
Motion to Intervene
Memorandum In Support of Motion to Intervene: NAIOP, NAHB, NVAR
Intervenors' Complaint

Occoquan Watershed Coalition & the Springfield District Council v. EPA Amended Complaint – for Declatory and Injunctive Relief
Declaration of David Schnare (Occoquan Watershed Coalition)
Declaration of James Kirkpatrick (Springfield District Council)