Legal Opinion
Entergy Nuclear Generation Co. v. Department of Environmental Protection
Massachusetts Supreme Judicial Court
Decided April 11, 2011PublishedCited by 26 opinions
1Opinion of the CourtCowin, J.
This case requires us to consider the scope of the regulatory powers conferred on the Department of Environmental Protection (department) by the Clean Waters Act, G. L. c. 21, §§ 26-53 (State Act). Pursuant to the State Act, the department promulgated regulations (CWIS regulations) implementing its authority to regulate components of industrial facilities that withdraw water from surface waterbodies. See part 1, infra. Those components are known as cooling water intake structures (CWISs). The plaintiff, Entergy Nuclear Generation Company (Entergy), obtained a judgment from the Superior Court…
2Cases cited32 opinions
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Diamond v. ChakrabartySupreme Court of the United States · 1980
- Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
- Entergy Corp. v. Riverkeeper, Inc.Supreme Court of the United States · 2009
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3Cited by26 opinions
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- Kain v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 2016
- ENGIE Gas & LNG LLC v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 2016
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