1. Whether § 316(b) of the Clean Water Act, 33 U.S.C. § 1326(b), which specifies
that standards set under §§ 301 or 306 of the statute shall require that cooling water
intake structures reflect the “best technology available for minimizing adverse
environmental impact,” prohibits the United States Environmental Protection
Agency (“EPA”) from considering the cost of a technology in comparison to the level
of control it achieves and to the environmental “benefit” of that level of control?
2. Whether § 316(b) prohibits EPA from authorizing existing facilities to use
restoration measures (for example, fish stocking or habitat restoration) that, taken
collectively with the existing characteristics of the cooling water intake structure,
ensure that the intake structure minimizes “adverse environmental impact”?
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