U.S. Supreme Court to Hear Best Available Tech. Appeal

8 08 2008

The U.S. Supreme Court agreed to hear three cases consolidated for appeal, including the case of Entergy Corp. v. EPA, et al.  The issue presented is whether power plants must use the best available technology to prevent aquatic life from being sucked into cooling water intake pipes or whether the plants can compare costs with benefits.  The Second Circuit held that EPA could only take cost into account when the competing technologies had identical results but different costs.





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