From the Boston Herald:
Environmental authorities, arguing that water intake systems used by nuclear facilities kill “billions” of aquatic organisms each year, scored a victory Monday in Massachusetts’s highest court.
The Supreme Judicial Court, in a ruling authored by now-retired Justice Judith Cowin, said the Massachusetts Department of Environmental Protection has the authority to regulate water intake, rejecting an argument by Entergy Nuclear Generation Co. that the agency overstepped its authority.
Entergy, which operates Pilgrim Nuclear Power Station and draws water from Cape Cod Bay, had argued that DEP may only regulate nuclear “discharge” and other traditional forms of pollution, but that water intake was off limits. Entergy also claimed federal regulators pressured the state to regulate water intake.