The U.S. Supreme Court last week upheld the Environmental Protection Agency's use of a cost-benefit analysis to regulate water pollution by power plants, writes Michael C. Dorf. The EPA regulation requires plants to use the best technology available to them to minimize the impact of the pollution. Known as the "best practices standards," this approach may actually lead to stricter regulation in the industry, Dorf writes. He suggests "the best solution would appear to be to layer best-practice standards on top of performance standards."

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