As confirmed in a recent letter from the U.S. Environmental Protection Agency (EPA) to the Secretary of Natural Resources, the EPA has chosen not to appeal the January 3, 2013 ruling in favor of the plaintiffs in the Accotink Creek Watershed TMDL lawsuit. However, it is critical to note that the TMDL development process will now start over again. Landowners must participate in this process to prevent a repeat of the original TMDL.

EPA has stated that while it continues to believe the TMDL for the Accotink Creek Watershed was appropriate, they have decided not to appeal in part due to the willingness of the Commonwealth to promptly establish a replacement TMDL for Accotink Creek. Additionally, EPA believes that Fairfax County's January 2011 Accotink Creek Watershed Management Plan provides an appropriate starting point for that effort.

The decision not to appeal is a favorable one for both state regulators and the development community, as all affected stakeholders will now be able to work together to find a practicable and cost-effective solution to improving water quality in the region.

WSSI has been tracking the Accotink TMDL debate from its beginnings. For more information on the history of this important decision, please see Field Notes 21, No. 1.

For additional information, please contact Mike Rolband.