Although we completely disagree with Sonia Sotomayor's decision regarding cooling water intake structures (CWIS) for current electricity plants, we support her nomination by President Obama to be America's next U.S. Supreme Court justice. The Supreme Court has already ruled on the cooling water issue and now it is in the hands of EPA. The Center, through AAEA, is fighting for the rights of children, minorities and the elderly with asthma over concerns about fish egg kills from impingement and entrainment at electricity power plants that use once through cooling technology. We believe that a U.S. Supreme Court Justice Sotomayor would show a greater appreciation for asthma victims than fish eggs in any future ruling.
The Supreme Court needs its first Latina justice. She is also uniquely qualified to hold the position. Americans sometimes do not like to discuss race in such decision-making, but it is precisely the exclusion of Latinos on the Supreme Court that is ameliorated by this enlightened nomination. We believe that Justice Sotomayer will be sensitive to environmental considerations that address environmental justice issues versus deep ecology puristic fish egg protection when adjudicating climate/air/water/energy/fauna issues. The Center is on the cutting edge of this issue and would be happy to brief nominee or Supreme Court Justice Sotomayor on the cooling water intake issue.
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