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WEDNESDAY, NOVEMBER 25, 2009
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Supreme Court Rules for Power Plants, Against Fish

EPA regulators can perform cost-benefit analysis before ordering upgrades: ruling

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(Newser) – Federal regulators may perform cost-benefit analysis on new power plant equipment designed to protect fish, and decide whether to require the equipment based on that analysis, the Supreme Court ruled today. The 6-3 decision overturns an appellate court ruling that barred the EPA from performing cost-benefit analysis because it wasn't intended by the authors of the Clean Water Act, the New York Times reports..

It is “well within the bounds of reasonable interpretation for the E.P.A. to conclude that cost-benefit analysis is not categorically forbidden,” Antonin Scalia wrote for the majority. In dissenting, John Paul Stevens wrote that the explicit endorsement of cost-benefit analyses elsewhere in the act shows that it is prohibited where not mentioned.

(First Row L to R), Justice Anthony M. Kennedy , Justice John Paul Stevens, Chief Justice John G. Roberts, Justice Antonin Scalia, , Justice David H. Souter. (Second Row L to R) Justice Stephen G. Breyer , Justice Clarence Thomas, Justice Ruth Bader Ginsburg and Justice Samuel Alito pose for photographers at the...
(First Row L to R), Justice Anthony M. Kennedy , Justice John Paul Stevens, Chief Justice John G. Roberts, Justice Antonin Scalia, , Justice David H. Souter. (Second Row L to R) Justice Stephen G. Breyer...   (Getty Images)
The U.S. Supreme Court is shown February 5, 2009 in Washington, DC.
The U.S. Supreme Court is shown February 5, 2009 in Washington, DC.   (Getty Images)
U.S. Supreme Court Justice Antonin Scalia speaks at the fifth annual Ava Maria School of Law lecture January 25, 2005 on the University of Michigan campus in Ann Arbor, Michigan.
U.S. Supreme Court Justice Antonin Scalia speaks at the fifth annual Ava Maria School of Law lecture January 25, 2005 on the University of Michigan campus in Ann Arbor, Michigan.   (Getty Images)
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kokuaguy
Apr 1, 09 2:08 PM CDT
Congrats Newser You passed up a chance to call Justice Stevens a "Greenie." Reply
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riffran
Apr 1, 09 7:25 PM CDT
"greenie"....lol Reply
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