PSEG Fossil LLC, et al. v. Riverkeepers, Inc., et. al.
Environmental Law, A dministrative Law, Clean Water Act
1. Whether the Second Circuit erred by holding that §316(b) of the Clean Water Act,
33 U.S.C. § 1326(b), bars any use of cost-benefit analysis, in conflict with decisions
of several other circuits and the precedents of this Court.
2. Whether the Second Circuit erred by concluding that §316(b) bars the use of
restoration measures as a compliance alternative to “minimiz[e] adverse
environmental impact,” in conflict with decisions of other courts of appeals.
To view PDF files listed on this page you will need Adobe Acrobat Reader