Cronin v. Browner

OPINION AND ORDER

SCHWARTZ, District Judge.

INTRODUCTION

Plaintiffs, various environmental organizations, initiated this action pursuant to the “citizen suit” provision, section 505 of the Clean Water Act 1 (“CWA” or “the Act”), 33 U.S.C. § 1365, to compel the United States Environmental Protection Agency (“EPA”), through its Administrator, 2 to issue regulations under section 316(b) of the Act governing the location, design, construction, and capacity of existing and new cooling water intake structures, particularly those employed by electrical utilities. (Amended Complaint ¶ 31.) Plaintiffs…