From our private database of 13,300+ case briefs...
Entergy Corp. v. Riverkeeper, Inc.
United States Supreme Court
129 S. Ct. 1498 (2009)
Section 1326(b) of the Clean Water Act concerns the design and construction of cooling facilities of power plants. These facilities threaten aquatic life because they squash or suction in aquatic animals that live in the water sources necessary for the cooling facilities. Section 1326(b) provides that the design and construction of cooling facilities “reflect the best technology available for minimizing adverse environmental impact.” The Environmental Protection Agency (EPA) promulgated regulations under this section. The EPA first adopted regulations for new larger, cooling facilities, which, inter alia, mandated closed-cycle cooling systems, which it found reduced the killing of wildlife by 98 percent. Then the EPA adopted the so-called “Phase II” rules which are at issue here. The Phase II rules apply to existing facilities. The EPA declined to mandate closed-cycle cooling systems in the Phase II rules because the cost of converting existing facilities to this type of system was extremely high. It instead provided rules that it estimated would result in a 80 to 95 percent reduction of killing of wildlife. Environmental groups (plaintiffs) challenged the standard, arguing that the EPA should not have taken the cost into account when setting the Phase II standards. The United States Court of Appeals for the Second Circuit agreed. The operators of powerplants appealed.
Rule of Law
Holding and Reasoning (Scalia, J.)
Dissent (Stevens, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 139,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.