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Why the Supreme Court Decision Upholding Cost-Benefit Analysis Under the Clean Water Act Should Not be Used to Discredit Best-Practice Standards

Last week, in Entergy Corp. v. Riverkeeper Inc., the U.S. Supreme Court rejected a challenge to the Environmental Protection Agency's use of cost-benefit analysis in regulating water pollution by power plants. Writing for the Court, Justice Scalia said that the EPA acted reasonably in weighing the costs and benefits of various technologies when it promulgated regulations under Section 316(b) of the Clean Water Act. That law requires that power plants employ "the best technology available for minimizing [their] adverse environmental impact."...
Published Sunday, April 05, 2009 8:00 PM by FindLaw Writ - Recent Articles

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