On Monday, the 2nd Circuit Court of Appeals rejected all challenges to EPA’s cooling water intake structure rule. 
Notwithstanding the Court’s rejection of the industry challenges, it’s a big win for industry. As I noted when the rule was promulgated, industry dodged a major bullet when EPA decided not to require closed-cycle cooling at existing facilities.
The decision is really all about Chevron deference and is another bit of evidence in support of my ongoing effort to demonstrate that conservatives might want to be careful what they wish for when they discuss overruling Chevron.… More