Clean Water Act: Court Challenges To EPA's Final Rule

Earlier this week, commencing what will likely be a lengthy appeal process, a number of environmental organizations filed challenges in federal court to the U.S. Environmental Protection Agency's final regulations governing the use of cooling water at existing power plants and industrial facilities.

On September 2, the following organizations filed petitions with three federal appellate courts, seeking judicial review of the EPA's Final Rule under Section 316(b) of the Clean Water Act:

• First Circuit Court of Appeals: Environment America and Environment Massachusetts;
• Second Circuit Court of Appeals: Riverkeeper, Inc; Natural Resources Defense Council; Waterkeeper Alliance, Inc.; Soundkeeper, Inc.; Delaware Riverkeeper Network; Raritan Baykeeper, Inc. (d/b/a NY/NJ Baykeeper); Hackensack Riverkeeper; Casco Baykeeper; Save the Bay - Narragansett Bay; American Littoral Society; Surfrider Foundation; and Scenic Hudson; and