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1. Entergy Corp. v. Riverkeeper, Inc., Nos. 07-588, 07-589 and 07-597, SUPREME COURT OF THE UNITED STATES, December 2, 2008, Argued, April 1, 2009, Decided * * Together with No. 07-589, PSEG Fossil LLC et al. v. Riverkeeper, Inc., et al., and No. 07-597, Utility Water Act Group v. Riverkeeper, Inc., et al., also on certiorari to the same court.

OVERVIEW: Appellate court erred setting aside regulations adopted by EPA under 33 U.S.C.S. § 1326(b) of CWA; EPA permissibly relied on cost-benefit analysis in setting national performance standards and providing for cost-benefit variances under 40 C.F.R. § 125.94 in relation to minimizing adverse environmental impact at cooling water intake structures.

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