Second Circuit requires tougher cooling water intake rules for existing power plants

Riverkeeper, Inc. v. U.S. E.P.A., (C.A.2) January 31, 2007: Clean Water - Clean Water Act's (CWA) "best technology available" for cooling water intake structures precluded cost/benefit analysis.

The Clean Water Act (CWA) provision mandating the use of "best technology available" (BTA) for minimizing the adverse environmental impact of point sources' cooling water intake structures did not permit the use of cost-benefit analysis in determining the BTA. This was in contrast to the predecessor standard, "best practicable control technology" or BPT. Instead, the later standard required a determination of which means would be used to reach a specified level of benefit. The issue arose on challenges to the EPA'S rule implementing the provision for existing power plants.