The Jan. 3 ruling by the U.S. District Court for the Eastern District of Virginia in Virginia Department of Transportation v. U.S. Environmental Protection Agency (EPA) established that flow cannot be used as a surrogate for stormwater pollution in Virginia total maximum daily load (TMDL) programs. The ruling has implications in other states with similar TMDLs. However, the ruling does not prevent states from regulating pollutants based on stormwater flow, according to a Feb. 1 analysis by the Association of Clean Water Administrators. The case did not touch on the authority of states, and furthermore, states can go beyond Clean Water Act requirements, the analysis says. In addition, there are many states and local governments with sediment controls based on stormwater flow.