Entergy Corp. v. Riverkeeper Inc.

Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact." The issue was whether the agency may use a cost–benefit analysis (CBA) in choosing the Best Available Technology or (BAT) to meet the National Performance Standards (NPS).

Reversing a lower court opinion, the 5-1-3 ruling upheld the EPA's decision as reasonable to allow CBA to determine the best technology available to maintain national environmental standards.

Parties

Petitioner: Entergy Corporation is an energy company engaged primarily in electric power production and retail electric distribution operations. Entergy owns and operates both nuclear and fossil fuel power plants generating an aggregated 30,000 megawatts of electrical capacity. Indian Point Energy Center is a subsidiary of Entergy Corporation operating a three-unit nuclear power plant in Buchanan, New York, the facility at issue in this case.

Respondent: Riverkeeper is a member-supported environmental protection organization dedicated to defending the Hudson River and its tributaries for New York City and Hudson Valley residents. Over the past four decades Riverkeeper has been successful as the public's watchdog in bringing hundreds of pollution violations to justice and protecting drinking water for local communities.