Entergy Corp. v. Riverkeeper Inc.

Entergy Corp. v. Riverkeeper, Inc.
Supreme Court of the United States
Argued December 2, 2008 Decided April 1, 2009
Full case name	Entergy Corp. v. Riverkeeper, Inc., et al.
Docket no.	07-588
Citations	556 U.S. 208 (more) 129 S. Ct. 1498; 173 L. Ed. 2d 369; 2009 U.S. LEXIS 2498
Case history
Prior	475 F.3d 83 (2d Cir. 2007)
Holding
The EPA permissibly relied on cost-benefit analysis in setting the national performance standards in providing for cost-benefit variances from the standards, as part of the Phase II regulations.
Court membership
Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinions
Majority	Scalia, joined by Roberts, Kennedy, Thomas, Alito
Concur/dissent	Breyer
Dissent	Stevens, joined by Souter, Ginsburg
Laws applied
Clean Water Act

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."^[1] 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.^[1]