The U.S. Court of Appeals for the Second Circuit in July issued a long-awaited decision in the case Cooling Water Intake Structure Coalition v. U.S. EPA, upholding the EPA’s 2014 Rule establishing requirements pursuant to Clean Water Act section 316(b) for cooling water intake structures at existing facilities. The court also upheld the biological opinion and incidental take statement issued by the U.S. Fish and Wildlife Service and National Marine Fisheries Service on the 2014 Rule.
Continue Reading Court Upholds Water Intake Rule, Offering Some Certainty for Power Plants