Water Law Doesn’t Mandate Cooling Intake Technology: Industry

Nothing in the Clean Water Act constrains the Environmental Protection Agency from using more than one approach to prevent fish and larvae from injury and death inside cooling water intakes at factories and power plants, industry groups claim in their defense of a federal water rule (Cooling Water Intake Structure Coal. v. EPA, 2d Cir., No. 14-04645, brief filed 11/14/16).

Specifically, nothing in Section 316(b) of the Clean Water Act requires the EPA to set a uniform national performance standard, industry groups said in a Nov. 14 brief, reinforcing the argument the EPA made ...