Cooling Water Intake Structure Coal. v. EPA, No. 14-4645 (2d Cir. 2018)Annotate this Case
The Second Circuit denied a petition for review of EPA's final rule promulgated under section 316(b) of the Clean Water Act, establishing requirements for cooling water intake structures at existing facilities, as well as a biological opinion jointly issued by the Services at the close of formal Endangered Species Act consultation on the rule. The court held that the final rule and the biological opinion were based on reasonable interpretations of the applicable statutes and sufficiently supported the factual record. The court also held that EPA gave adequate notice of its rulemaking. The court considered petitioners' remaining arguments and held that they were without merit.
The court issued a subsequent related opinion or order on September 27, 2018.