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Other Major Litigation of Direct Interest to DOE

Entergy Corporation v. EPA; PSEG Fossil LLC v. Riverkeeper, Inc.; Utility Water Group v. Riverkeeper, Inc., S. Ct. Nos. 07-588, 07-589, and 07-597. The question presented in this litigation is whether Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorizes EPA
to compare costs and benefits in determining the "best technology available for minimizing adverse environmental impact" at cooling water intake structures. The Second Circuit held that EPA may not engage in cost-benefit analysis in determining the "best technology available," and that consideration of cost is limited to choosing "a less expensive technology that achieves essentially the same results" as the best technology that industry can reasonably bear. December 4, 2008. Other_Major_Litigation_of_Direct_Interest_to_DOE.pdf