TITLE

Riverkeeper, Inc. v. United States Environmental Protection Agency: Finally a Solution the Courts Can Live With … Almost

AUTHOR(S)
Dennis-Parks, Reda M.
PUB. DATE
August 2005
SOURCE
Ecology Law Quarterly;2005, Vol. 32 Issue 3, p689
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the ruling on the case Riverkeeper Inc. v. United States Environmental Protection Agency (EPA) concerning regulations for reducing harm to aquatic life caused by power plant water intake. The court has upheld an EPA regulation and used some very strong regulation in support of EPA. The intent of the court to provide EPA with much leeway as possible in regulating intake structures is shown by the reaction to the points raised by the Industry Petitioners. The case also signals the willingness of the court to allow EPA to work on the fulfillment of the standards. Furthermore, the remand on the restoration issue illustrates the proposition that although EPA has flexibility in its enforcement, its range of acceptable behavior has limits.
ACCESSION #
19324126

 

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