Entergy v. Riverkeeper
Case Date: 04/01/2009
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Entergy v Riverkeeper was a case decided at the US Supreme Court on April 1, 2009.[2] This case reviews the United States Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regards to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact."[3] The importance of this case is whether the agency may use a cost-benefit analysis (CBA) in choosing the Best Technology Available also known in the industry as Best Available Technology or (BAT) to meet the National performance standards (NPS). Reversing a lower court opinion, in a 5 - 1 - 3 ruling the court decided to uphold EPA's decision as reasonable to allow CBA when determining BAT to maintain national environmental standards.[3]
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