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Environmental groups that oppose coal and nuclear power plants are using water as an issue to try to close coal and nuclear power plants. Rebecca Smith of The Wall Street Journal writes:
In 2004, Riverkeeper Inc., an environmental organization in Tarrytown, N.Y., along with six states, sued the Environmental Protection Agency over the use of once-through cooling by as many as 500 older power plants in the U.S. The suit charges that the practice violates the Clean Water Act because it harms aquatic life and fails to utilize the best technology available, a requirement of the federal act. The case, now before the U.S. Supreme Court, stands to test how water-use issues will determine which power plants continue to operate as well as what kind of plants are built.AAEA disagrees with the strategy to use water use issues to try to close nuclear power plants because global climate change is the most important environmental issue facing the planet today and these plants do no emit any greenhouse gases. AAEA is awaiting the U.S. Supreme Court decision on this issue. AAEA is also participating in an adjudication of a water permit issue involving a nuclear power plant in New York.
Nuclear plants face particular scrutiny, since they require more water than any other form of steam generation. Virginia Power, a unit of Dominion Resources, is facing a legal challenge over its right to draw one million gallons of water a minute per reactor from a man-made lake it uses to cool its North Anna nuclear power plant and into which it discharges heated water. The utility built the lake in 1978 exclusively for the plant's cooling purposes.
A group argued that heat is a form of pollution and said the state water board shouldn't have renewed the plant's water permit. Last month, a state court upheld much of the environmental group's case; the utility plans an appeal. Dominion says the man-made lake is a private
body of water and therefore shouldn't fall under the federal Clean Water Act.
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