and 5 U.S.C. § 701
, for declaratory and injunctive relief against the UnitedStates Environmental Protection Agency, its Administrator Lisa P. Jackson, the United StatesEnvironmental Protection Agency Region III, and Regional Administrator Shawn M. Garvin(collectively, “EPA” or “Defendants”), and allege as follows:
NATURE AND PURPOSE OF ACTION
This case challenges a massive expansion of EPA’s regulatory power, from itsCWA-authorized role of establishing Total Maximum Daily Load (“TMDL”) restoration planswith maximum acceptable levels of “pollutant” discharges to meet water
standards, toEPA’s recently claimed authority to control the
or flow of water itself and related landuse characteristics such as the amount of “impervious cover” (
., rooftops, roads, and parkinglots) in any given watershed.
Glossary of Acronyms (attached hereto for the Court’sconvenience).2.
The final agency action at issue is EPA’s establishment of the Total MaximumDaily Load for Benthic Impairments in the Accotink Creek Watershed (the “Accotink TMDL”),which was signed and issued by the Director of the Water Protection Division of EPA Region IIIon April 18, 2011 (
The Accotink TMDL is one of the first four so-called “flow TMDLs” establishedby EPA anywhere in the United States. All were established in 2011 and have been appealed tofederal district courts.4.
Like most urban streams across the nation, Accotink Creek, which flows throughFairfax County and drains into a tidal embayment of the Potomac River, has experienced boththe water quality and water quantity effects of urbanization, ranging from higher pollutant loads