Court Steps Into Utilities Case
Recent Cases
The Supreme Court on Monday agreed to hear an environmental case in which utility companies want to revive an industry-friendly regulation put in place by the Bush administration.
The dispute with environmental groups revolves around the harm companies cause when they draw water from rivers and lakes to cool electric generating equipment, then return it to the waterway. The process kills aquatic life.
The Environmental Protection Agency allowed the industry to forgo the most expensive solution, installing closed-cycle cooling systems which would cost billions of dollars at 550 generating units around the country including 104 nuclear power plants. The units account for 40 percent of the country's energy production.
The EPA rule allowed the companies to decide how to comply with the Clean Water Act by conducting cost-benefit analyses of the available options.
The 2nd U.S. Circuit Court of Appeals in New York City ruled against the companies, saying they must adopt the best technology available.
The appeals court called into question EPA's conclusion that closed-cycle cooling costs could not be reasonably borne by the industry.
Last month, the Bush administration said in a court filing that it would support the industry position were the case to come before the Supreme Court.
With a new administration taking office next January, an EPA run by different presidential appointees might choose to change positions on the issue.
Robert Goldstein, general counsel at Riverkeeper Inc., one of the environmental groups involved in the dispute, said "it's about time this law enacted in 1972 get some teeth."
Related listings
-
Class Action Cites Zetia & Vytorin
Recent Cases 04/11/2008In a shareholder's class action that neatly summarizes complaints about Schering-Plough Corp.'s sales of its cholesterol drugs Zetia and Vytorin, the Arkansas Teacher Retirement System claims: "Sixteen months after completion of a study showing that ...
-
Circuit Applies New Test for Declaratory Judgment
Recent Cases 04/01/2008The Federal Circuit Court of Appeals recently reversed a district court’s dismissal of a declaratory judgment action, relying on the Supreme Court’s decision in MedImmune Inc. v. Genentech Inc., 127 S.Ct. 764 (2007). See Micron Technology, Inc. v. MO...
-
Supreme Court On Hall Street Assoc. v. Mattel, Inc.
Recent Cases 03/31/2008The Federal Arbitration Act (FAA), 9 U. S. C. §§9–11, provides expedited judicial review to confirm, vacate, or modify arbitration awards. Under §9, a court “must” confirm an award “unless” it is vacated, modified, or corrected “as prescribed” in §§1...
East Greenwich, RI Family Law Office
The Law Office of Erica S. Janton offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child support, child custody and placement, post judgment modifications, mediation and other related issues.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters. For the last decade, Erica S. Janton has devoted her career to the family law, first as a mediator and then in her legal career as a family law attorney and mediator. Attorney Janton represents a large variety of clients and has earned a well-regarded reputation for resolving complex custody and high asset, high conflict divorce cases. When providing clients with representation as an attorney, she is a compassionate and staunch advocate who ensures that her clients are well informed of their options and the related process, and prepared for every possible scenario a client may encounter.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.