US Supreme Court Docket

Supreme Court Docket


[Download January 12, 2008 Argument Calendar PDF]

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Entergy Corporation v. Riverkeepers, Inc.
No. 07-588

Title:

    Entergy Corporation v. Riverkeeprs, Inc.

Subject:

    Environmental Law, Administrative Law, Clean Water Act

Question:

    This case involves regulation under the Clean Water Act (“CWA”) of the intake
    structures used by power plants to take in cooling water. After 30 years of
    regulating new facilities, the Environmental Protection Agency (“EPA”) promulgated
    a regulation requiring existing cooling water intake structures to be retrofitted to
    comply with EPA’s latest determination of the “best technology available for
    minimizing adverse environmental impact,” measured in terms of the potential
    effects on early life stages of fish. The Second Circuit, deferring to EPA, held that
    EPA has authority to retrofit existing facilities. Siding with environmental petitioners
    and against EPA, the court also held that EPA’s weighing of costs and benefits is
    limited to a narrow “cost-effectiveness” test. The questions presented, all of which
    implicate splits in circuit court authority, are:

    1. Whether the CWA provides EPA authority to impose new requirements under
    Section 316(b) of the Act, 33 U.S.C. § 1326(b), with respect to existing cooling
    water intake structures?

    2. Whether a court should accord Chevron deference to an agency’s interpretation
    of its own statutory jurisdiction?

    3. Whether Sections 301 and 316(b) of the CWA, 33 U.S.C. § 1301, 1326(b), limit
    EPA’s weighing of costs and benefits only to the Second Circuit’s “cost
    effectiveness” test?

Decisions:

Resources:

  • Docket Sheet From the U.S. Supreme Court.

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

Elise N. Zoli
Goodwin Proctor LLP
Boston, MA

For Respondent:

Kristy A.N. Bulleit
Hunton & Williams LLP
Washington, DC



 

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