Opinion
No. 07–588.
2008-04-14
ENTERGY CORPORATION, petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, et al.
Consolidated with, PSEG Fossil LLC v. Riverkeeper, Inc., No. 07–589, –––S.Ct. ––––; Utility Water Act Group v. Riverkeeper, Inc., No. 07–597, –––S.Ct. ––––.
Case below, 475 F.3d 83.
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to the following question: Whether Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorizes the Environmental Protection Agency (EPA) to compare costs with benefits in determining the “best technology available for minimizing adverse environmental impact” at cooling water intake structures. The case is consolidated and a total of one hour is allotted for oral argument.