Pace Law School community, and the Pace Environmental Law School, are fortunate enough to welcome United States Supreme Court Justice Sonia Sotomayor to campus today. The Justice will be speaking with students and faculty throughout the day. The capstone of Justice Sotomayor’s visit will be a Question-and-Answer session with students in the Gerber Glass Moot Courtroom.
In 2008, as a Circuit Court Judge sitting on the Second Circuit, then Circuit Court Judge Sotomayor ruled on a case brought by Riverkeeper, among other environmental groups, challenging an EPA Rule concerning regulations for cooler water intake structures for power plants. See National Pollutant Discharge Elimination System: Regulations Addressing Cooling Water Intake Structures for New Facilities, 66 FR 65256-01. She held that the EPA was not permitted to engage in a cost-benefit analysis to determine “best technology available.” See Riverkeeper, Inc. v. U.S. E.P.A., 475 F.3d 83 (2d Cir. 2007) rev’d and remanded sub nom. Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009). Rather, it could consider cost only to determine “what technology can be ‘reasonably borne’ by the industry” and whether the proposed technology was “cost-effective.” Although the case was later reversed by the Supreme Court in 2009, holding that “EPA permissibly relied on cost-benefit analysis in promulgating regulations,” the case was still a chance to see Justice Sotomayor’s interpretation of the Clean Water Act. Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009).
Once again, the Pace Environmental Law Review and its members are looking forward to meeting Justice Sotomayor.