Thursday, April 2, 2009

Supreme Court Releases Entergy Corp. v. Riverkeeper, Inc.

Today, the Court released Entergy Corp. v. Riverkeeper, Inc. The case relates to Section 316(b) of the Clean Water Act. Question presented: whether the EPA may conduct a cost-benefit analysis under the statute. If CBA is permitted, the environment is less protected; if it is disallowed, industry is burdened.

In an opinion wrote by Justice Scalia, the Court sustained the EPA's use of CBA. Breyer drafted an opinion concurring in part and dissenting in part (he argued that a limited CBA should be permitted). Ginsburg, Stevens, and Souter dissented.

The opinions can be accessed here.

I did a moot court on this case a few months ago. Very complicate statutory/regulatory scheme.

LATE UPDATE: The New York Times published this op-ed on Riverkeeper, entitled Ruling by Justices Backs Power Plants.

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