It is time to measure progress under section 316 of the Clear Water Act, the one section of the Act that focuses not on discharges, but on intakes. Part II of this Article discusses the environmental hazards in more detail and explains how cooling water intakes produce them. Part III of this Article examines the history of regulation and nonregulation under section 316(b) of the Clean Water Act, describes the development of the "common law" concerning the regulation of cooling water intakes, and explores the effect of EPA's regulatory actions and omissions on state regulatory efforts. Part IV assesses the legal and environmental importance of regulating cooling water intakes. And Part V closes with recommendations for a regulatory agenda in the area.
Karl R. Rábago, What Comes Out Must Go In: Cooling Water Intakes and the Clean Water Act, 16 Harv. Envtl. L. Rev. 429 (1992), http://digitalcommons.pace.edu/lawfaculty/948/.