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Supreme Court Spares Utilities $3.5B In Upgrades

Law360 (April 1, 2009, 12:00 AM EDT) -- Energy companies will not have to spend roughly $3.5 billion a year to prevent fish from being sucked into cooling water intake pipes at existing power plants, the U.S. Supreme Court ruled Wednesday.

In overturning a circuit court decision, the Supreme Court found that the U.S. Environmental Protection Agency permissibly allowed electric utilities to conduct cost-benefit analysis when making upgrades.

The consolidated suits, pitting Entergy Corp., PSEG Fossil LLC and Utility Water Act Group against Riverkeeper Inc. and other environmental groups, revolved around a provision of...
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