Minimizing Adverse Environmental Impact: How Murky the Waters

The withdrawal of water from the nation’s waterways to cool industrial facilities kills billions of adult, juvenile, and larval fish each year. U.S. Environmental Protection Agency (EPA) promulgation of categorical rules defining the best technology available to minimize adverse environmental impact...

Full description

Saved in:
Bibliographic Details
Main Authors: Reed W. Super, David K. Gordon
Format: Article
Language:English
Published: Wiley 2002-01-01
Series:The Scientific World Journal
Online Access:http://dx.doi.org/10.1100/tsw.2002.186
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1832551649146568704
author Reed W. Super
David K. Gordon
author_facet Reed W. Super
David K. Gordon
author_sort Reed W. Super
collection DOAJ
description The withdrawal of water from the nation’s waterways to cool industrial facilities kills billions of adult, juvenile, and larval fish each year. U.S. Environmental Protection Agency (EPA) promulgation of categorical rules defining the best technology available to minimize adverse environmental impact (AEI) could standardize and improve the control of such mortality. However, in an attempt to avoid compliance costs, industry has seized on the statutory phrase “adverse environmental impact” to propose significant procedural and substantive hurdles and layers of uncertainty in the permitting of cooling-water intakes under the Clean Water Act. These include, among other things, a requirement to prove that a particular facility threatens the sustainability of an aquatic population as a prerequisite to regulation. Such claims have no foundation in science, law, or the English language. Any nontrivial aquatic mortality constitutes AEI, as the EPA and several state and federal regulatory agencies have properly acknowledged. The focus of scientists, lawyers, regulators, permit applicants, and other interested parties should not be on defining AEI, but rather on minimizing AEI, which requires minimization of impingement and entrainment.
format Article
id doaj-art-0dcfeb5258e34de081604dd89a309886
institution Kabale University
issn 1537-744X
language English
publishDate 2002-01-01
publisher Wiley
record_format Article
series The Scientific World Journal
spelling doaj-art-0dcfeb5258e34de081604dd89a3098862025-02-03T06:00:47ZengWileyThe Scientific World Journal1537-744X2002-01-01221923710.1100/tsw.2002.186Minimizing Adverse Environmental Impact: How Murky the WatersReed W. Super0David K. Gordon1Riverkeeper, Inc., 25 Wing & Wing, Garrison, NY 10524, USARiverkeeper, Inc., 25 Wing & Wing, Garrison, NY 10524, USAThe withdrawal of water from the nation’s waterways to cool industrial facilities kills billions of adult, juvenile, and larval fish each year. U.S. Environmental Protection Agency (EPA) promulgation of categorical rules defining the best technology available to minimize adverse environmental impact (AEI) could standardize and improve the control of such mortality. However, in an attempt to avoid compliance costs, industry has seized on the statutory phrase “adverse environmental impact” to propose significant procedural and substantive hurdles and layers of uncertainty in the permitting of cooling-water intakes under the Clean Water Act. These include, among other things, a requirement to prove that a particular facility threatens the sustainability of an aquatic population as a prerequisite to regulation. Such claims have no foundation in science, law, or the English language. Any nontrivial aquatic mortality constitutes AEI, as the EPA and several state and federal regulatory agencies have properly acknowledged. The focus of scientists, lawyers, regulators, permit applicants, and other interested parties should not be on defining AEI, but rather on minimizing AEI, which requires minimization of impingement and entrainment.http://dx.doi.org/10.1100/tsw.2002.186
spellingShingle Reed W. Super
David K. Gordon
Minimizing Adverse Environmental Impact: How Murky the Waters
The Scientific World Journal
title Minimizing Adverse Environmental Impact: How Murky the Waters
title_full Minimizing Adverse Environmental Impact: How Murky the Waters
title_fullStr Minimizing Adverse Environmental Impact: How Murky the Waters
title_full_unstemmed Minimizing Adverse Environmental Impact: How Murky the Waters
title_short Minimizing Adverse Environmental Impact: How Murky the Waters
title_sort minimizing adverse environmental impact how murky the waters
url http://dx.doi.org/10.1100/tsw.2002.186
work_keys_str_mv AT reedwsuper minimizingadverseenvironmentalimpacthowmurkythewaters
AT davidkgordon minimizingadverseenvironmentalimpacthowmurkythewaters