2nd Circuit Grants EPA Bid To Consolidate Cooling Water Rule, BiOp Suits

The U.S. Court of Appeals for the 2nd Circuit has granted requests from EPA and energy industry groups to transfer litigation over a biological opinion (BiOp) assessing the agency's Clean Water Act (CWA) cooling water intake rule from a federal district court and consolidate it with a suit over the rule pending in the appellate court. The decision, announced in an April 14 order , is a loss for environmentalists that had urged the court to allow their suit...