Virginia officials scored a key victory Thursday in their battle with the Environmental Protection Agency over what EPA critics describe as a land takeover.

U.S. District Judge Liam O’Grady in Alexandria ruled late Thursday that the EPA exceeded its authority by attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant. O’Grady sided with the Virginia Department of Transportation and the Fairfax County Board of Supervisors, which challenged EPA’s stormwater restrictions

“Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it,” O’Grady said.

Attorney General Ken Cuccinelli says the ruling could ultimately save Virginia taxpayers more than $300 million.

An EPA spokesman could not be reached for comment after business hours.

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