Mass. Court OKs Power Plant Cooling System Regs

Law360, New York (April 11, 2011, 6:36 PM EDT) -- Massachusetts' highest court ruled Monday that the state's Department of Environmental Protection could regulate the cooling water intake structures at power plants that suck in billions of fish and other aquatic organisms each year.

Entergy Corp., which owns the Pilgrim Nuclear Power Station in Plymouth, Mass., argued that the Massachusetts Clean Water Act permits the department to regulate only water pollution in the traditional sense, such as the discharge of harmful substances.

But the act need not mention cooling water intake structures explicitly for them to...
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