Facts of the Case

Three consolidated cases center around whether or not the EPA surpassed its federal authority by weighing the pros and cons of systems to be used at water intake cooling structures rather than simply employing the most advanced technology available on the market. The claims, brought by environmental groups and corporations, allege that the EPA's cost/benefit analysis violated the Clean Water Act (CWA) by leading to the use of structures that were insufficient to protect aquatic organisms from being harmed or killed as required by the CWA.

Question

Does Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorize the Environmental Protection Agency (EPA) to compare costs with benefits in determining the "best technology available for minimizing adverse environmental impact" at cooling water intake structures?

Conclusion

None