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Court Strikes Down EPA Regulations Regarding Cooling Water Fish Kills

DRN et al. v. USEPA. Second Circuit, U.S. Court of Appeals, no 04-6692-ag(L). NY Riverkeeper led an appeal of draft 316(b) regulations regarding cooling water intake structures and regulations issued for new sources and then again regulations issued for existing sources. The Riverkeeper organizations involved in the suit were successful in striking down the regulations in both instances. Most recently, January 25, 2007 the United States Court of Appeals for the Second Circuit struck down in part and remanded in part for further clarification Environmental Protection Agency regulations regulating the cooling water intake structures of facilities such as the Salem Nuclear Generating Station, Connectiv Edge Moor and Connectiv Deepwater facilities that operate in the Delaware Estuary who kill billions of fish a year using antiquated technology.