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RIVERKEEPER, INC. v. U.S.E.P.A.

No. 06 Civ. 12987(PKC).

514 F.Supp.2d 565 (2007)

RIVERKEEPER, INC., et al., Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, S.D. New York.

Order Amending Memorandum September 28, 2007.

Attorney(s) appearing for the Case

Edward Lloyd, Morningside Heights Legal Services, New York City, Reed Wayne Super, Columbia University School of Law, New York City, Philip Kent Correll, Law Office of P. Kent Correll, New York City, Charles Craig Caldari, National Environmental Law Center (Seattle), Seattle, WA, Joseph J. Mann, National Environmental Law Center, San Francisco, CA, for plaintiffs.

Wendy Wei-Wenne Huang Waszmer, U.S. Attorney's Office, SDNY (Chambers Street), New York City, for defendants.

Russell Scott Frye, Fryelaw, PLLC, Washington, DC, for intervenor.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

Section 316(b) of the Clean Water Act (the "Act"), 33 U.S.C. § 1326(b), seeks to protect fish, shellfish and other aquatic organisms from unnecessary harm from cooling water intake structures. Phase I and Phase II Rules, promulgated pursuant to a consent decree in a prior litigation to enforce section 316(b), have been considered in prior opinions of the United States Court of Appeals for...

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