Second Circuit Hands Power Plants A Setback

Law360, New York (January 29, 2007, 12:00 AM EST) -- A federal appeals court panel ruled Thursday that power plants must use the best available technology to prevent aquatic life from being sucked into cooling water intake pipes.

The decision, which could lead to millions of dollars in power plant upgrades, overturned some of the Environmental Protection Agency’s recently implemented rules on the grounds that they violated the Clean Water Act.

“A single power plant can kill or injure billions of aquatic organisms in a single year,” Judge Sonia Sotomayor of the U.S. Court of Appeals...
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