Supreme Court Permits Cost-Benefit Analysis to Relax Regulation of Power Plants Under the Clean Water Act
The U.S. Supreme Court has approved the use of cost-benefit analysis to determine which water-intake technologies power plants must employ under the Clean Water Act (“CWA”), 33 U.S.C. Sections 1251-1387 (1977). The decision in Entergy Corp. v. Riverkeeper, Inc., delivered on April 1, 2009, significantly relaxes decades of regulatory practice and reverses a Second Circuit ruling, Riverkeeper, Inc. v. EPA, that precluded the Environmental Protection Agency (“EPA”) from comparing technology costs and environmental benefits in setting acceptable levels of environmental impact for existing power plants. View full article (PDF).