Record returned to U.S.C.A. for the 2nd Circuit.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part. Stevens, J., filed a diss

Argued. For Environmental Protection Agency, et al. in support of petitioners: Daryl Joseffer, Deputy Solicitor General, Department of Justice, Washington, D.C. For petitioners: Maureen E. Mahoney, Washington, D.C. For respondents: Richard J. Lazarus

The Clerk has approved respondents' proposed lodging. Lodging consisting of six documents from the National Archives, received from counsel for respondents Riverkeeper, et al. VIDED. (Circulated).

Reply brief of respondents The Federal Parties in support of petitioners filed. VIDED. (Distributed)

Record received from the U.S.C.A. for the Second Circuit. (3 boxes)

Reply of petitioners Entergy Corp., PSEG Fossil LLC, and PSEG Nuclear LLC filed, VIDED (Distributed).

Reply of respondent Utility Water Act Group filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General GRANTED. VIDED. (orders list)

Motion for divided argument filed by respondents Rhode Island, et al. DENIED. VIDED. (orders list)

Letter requesting caption change received.

Brief amici curiae of Environmental Law Professors filed. VIDED. (Distributed)

Brief amici curiae of Illinois, et al. filed. VIDED. (Distributed)

Brief amici curiae of Voices of the Wetlands, et al. filed. VIDED. (Distributed)

Brief amici curiae of National Wildlife Federation, and Sierra Club filed. VIDED. (Distributed)

Brief amici curiae of Clean Air Task Force, et al. filed. VIDED. (Distributed)

Brief amici curiae of Economists Frank Ackerman, et al. filed. VIDED. (Distributed)

Brief amici curiae of Commercial Fisherman of America, et al. filed. VIDED. (Distributed)

Brief amicus curiae of OMB Watch filed.

Brief amici curiae of Environment America, et al. filed. VIDED. (Distributed)

Letter of respondents Riverkeeper, Inc., et al. in support of State-Respondents motion for divided argument filed.

Motion for divided argument filed by respondents Rhode Island, et al. VIDED.

Brief of respondents State-Respondents filed. VIDED. (Distributed)

Letter from counsel for respondents Riverkeeper, Inc., et al. proposing to lodge six documents from the records of the Senate Committee on Public Works related to congressional consideration of the Federal Water Pollution Control Act of 1972.

Brief of respondents Riverkeeper, Inc., et al. filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General. VIDED.

CIRCULATED.

SET FOR ARGUMENT ON Tuesday, December 2, 2008.

Brief amicus curiae of American Petroleum Institute filed. VIDED.

Brief amicus curiae of Nuclear Energy Institute filed. VIDED.

Brief amici curiae of American Chemistry Council, et al. filed. VIDED.

Brief amici curiae of Nebraska, et al. filed. VIDED.

Brief amicus curiae of California Council for Environmental and Economic Balance filed.

Brief amici curiae of AEI Center For Regulatory and Market Studies, et al. filed. VIDED.

Brief amicus curiae of National Association of Home Builders filed. VIDED.

Brief amicus curiae of Pacific Legal Foundation filed. VIDED.

Joint appendix filed (statement of costs received). VIDED.

Brief of petitioner Utility Water Act Group filed. VIDED.

Brief of respondents Environmental Protection Agency, et al. in support of petitioners filed. VIDED.

Brief of petitioner Entergy Corp. and petitioners PSEG Fossil LLC, et al. filed. VIDED.

Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the State respondents. VIDED.

Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for petitioners' in case Nos. 07-588, 07-589 & 07-597. VIDED

Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for respondents Riverkeeper, Inc., et al. VIDED

Application (07A1032) denied by Justice Ginsburg.

Application (07A1032) for leave to file a consolidated petitioners brief on the merits in excess of the word limitation, submitted to Justice Ginsburg.

The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including July 14, 2008. VIDED

The time within which to file respondents' briefs on the merits is further extended to and including September 29, 2008. VIDED

The time within which to file respondents' briefs on the merits is extended to and including September 15, 2008. VIDED.

The time within which to file the joint appendix and petitioners' briefs on the merits is extended to and including June 30, 2008. VIDED.

Petition GRANTED and is consolidated with No. 07-589 and No. 07-597, limited to the following question: Whether Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorizes the Environmental Protection Agency (EPA) to compare costs with benefits i (orders list)

DISTRIBUTED for Conference of April 11, 2008.

Reply of petitioner Entergy Corporation filed.

Brief of Federal Respondents in opposition filed. VIDED.

Brief of respondents Rhode Island, et al. in opposition filed. VIDED.

Brief of respondents Riverkeepers, Inc., et al. in opposition filed. VIDED.

Order further extending time to file response to petition to and including March 3, 2008, for all respondents.

Order further extending time to file response to petition to and including February 29, 2008, for all respondents.

Brief amici curiae of Nebraska, et al. filed. VIDED.

Brief amicus curiae of Nuclear Energy Institute filed. VIDED.

Waiver of right of respondents PSEG Fossil LLC and PSEG Nuclear LLC to respond filed.

Waiver of right of respondent Utility Water Act Group to respond filed.

Order extending time to file response to petition to and including February 1, 2008, for all respondents.

Petition for a writ of certiorari filed. (Response due December 3, 2007)

Appendix of Entergy Corporation filed.

Application (07A257) granted by Justice Ginsburg extending the time to file until November 2, 2007.

Application (07A257) to extend the time to file a petition for a writ of certiorari from October 3, 2007 to November 2, 2007, submitted to Justice Ginsburg.

Entergy Corporation, Petitioner, represented by Elise N. Zoli

Environmental Protection Agency, et al., Respondent, represented by Elena Kagan

PSEG Fossil LLC and PSEG Nuclear LLC, Respondent, represented by Maureen E. Mahoney

Riverkeeper, Inc., et al., Respondent, represented by Richard J. Lazarus

Riverkeeper, Inc., et al., Respondent, represented by Reed W. Super

State-Respondents, Respondent, represented by Tricia K. Jedele

Utility Water Act Group, Respondent, represented by Kristy A.N. Bulleit

AEI Center For Regulatory and Market Studies, et al., Amicus Curiae, represented by Robert E. Litan

American Chemistry Council, et al., Amicus Curiae, represented by Russell Scott Frye

American Petroleum Institute, Amicus Curiae, represented by Harry Moy Ng

California Council for Environmental and Economic Balance, Amicus Curiae, represented by Kevin Murray Fong

Clean Air Task Force , et al., Amicus Curiae, represented by Ann Brewster Weeks

Commercial Fisherman of America, et al., Amicus Curiae, represented by Elizabeth J. Hubertz

Economists Frank Ackerman, et al., Amicus Curiae, represented by David M. Driesen

Environmental Law Professors, Amicus Curiae, represented by Jared A. Goldstein

Environment America, et al., Amicus Curiae, represented by Christopher J. Wright

Illinois, et al., Amicus Curiae, represented by Michael A. Scodro

National Association of Home Builders, Amicus Curiae, represented by Daniel Paul Albers

National Wildlife Federation, and Sierra Club, Amicus Curiae, represented by David K. Mears

Nebraska, et al., Amicus Curiae, represented by David D. Cookson

Nuclear Energy Institute, Amicus Curiae, represented by Seth P. Waxman

OMB Watch, Amicus Curiae, represented by Amy Sinden

Pacific Legal Foundation, Amicus Curiae, represented by Steven Geoffrey Gieseler

Voices of the Wetlands, et al., Amicus Curiae, represented by Deborah A. Sivas