massachusetts et al environmental protection agency et argued november decided april based respected scientific opinion rise global temperatures attendant climatological environmental changes resulted significant increase atmospheric concentration greenhouse gases group private organizations petitioned environmental protection agency epa begin regulating emissions four gases including carbon dioxide clean air act requires epa shall regulation prescribe standards applicable emission air pollutant class new motor vehicles epa administrator judgment cause contribute air pollution reasonably anticipated endanger public health welfare act defines air pollutant include air pollution agent including physical chemical substance emitted ambient air epa ultimately denied petition reasoning act authorize issue mandatory regulations address global climate change even authority set greenhouse gas emission standards unwise time causal link greenhouse gases increase global surface air temperatures unequivocally established agency characterized epa regulation emissions piecemeal approach climate change conflict president comprehensive approach involving additional support technological innovation creation nonregulatory programs encourage voluntary reductions greenhouse gas emissions research climate change might hamper president ability persuade key developing nations reduce emissions petitioners joined intervenor massachusetts state local governments sought review circuit although three judges panel wrote separately two agreed epa administrator properly exercised discretion denying rulemaking petition one judge concluded administrator exercise judgment whether pollutant reasonably anticipated endanger public health welfare based scientific uncertainty well factors including concern unilateral regulation emissions weaken efforts reduce countries greenhouse gas emissions second judge opined petitioners failed demonstrate particularized injury necessary establish standing article iii accepted contrary view law case joined judgment merits closest preferred therefore denied review held petitioners standing challenge epa denial rulemaking petition pp case suffers none defects preclude justiciable article iii controvers see luther borden moreover proper construction congressional statute eminently suitable question resolution congress authorized precisely type challenge epa action see contrary epa argument standing doctrine presents insuperable jurisdictional obstacle demonstrate standing litigant must show suffered concrete particularized injury either actual imminent injury fairly traceable defendant favorable decision likely redress injury see lujan defenders wildlife however litigant congress accorded procedural right protect concrete interests right challenge agency action unlawfully withheld assert right without meeting normal standards redressability immediacy ibid one petitioner needs standing authorize review see rumsfeld forum academic institutional rights massachusetts special position interest sovereign state lujan private individual actually owns great deal territory alleged affected sovereign prerogatives force reductions greenhouse gas emissions negotiate emissions treaties developing countries circumstances exercise police power reduce emissions lodged federal government congress ordered epa protect massachusetts among others prescribing applicable standards given massachusetts concomitant procedural right challenge rejection rulemaking petition arbitrary capricious petitioners submissions pertain massachusetts satisfied demanding standards adversarial process epa steadfast refusal regulate greenhouse gas emissions presents risk harm massachusetts actual imminent lujan substantial likelihood judicial relief requested prompt epa take steps reduce risk duke power carolina environmental study group pp harms associated climate change serious well recognized government objective assessment relevant science strong consensus among qualified experts indicate global warming threatens inter alia precipitate rise sea levels severe irreversible changes natural ecosystems significant reduction winter snowpack direct important economic consequences increases spread disease ferocity weather events changes widely shared minimize massachusetts interest outcome litigation see federal election akins according petitioners uncontested affidavits global sea levels rose centimeters century result global warming already begun swallow massachusetts coastal land remediation costs alone moreover reach hundreds millions dollars pp given epa failure dispute existence causal connection greenhouse gas emissions global warming refusal regulate emissions minimum contributes massachusetts injuries epa overstates case arguing decision regulate contributes insignificantly petitioners injuries haled federal realistic possibility relief sought mitigate global climate change remedy petitioners injuries especially since predicted increases emissions china india developing nations likely offset marginal domestic decrease epa regulation bring agencies like legislatures generally resolve massive problems one fell swoop see williamson lee optical instead whittle away time refining approach circumstances change develop nuanced understanding best proceed cf sec chenery first step might tentative negate jurisdiction reducing domestic automobile emissions hardly tentative leaving aside greenhouse gases record indicates transportation sector emits enormous quantity carbon dioxide atmosphere pp regulating emissions may reverse global warming follow lacks jurisdiction decide whether epa duty take steps slow reduce see larson valente enormous potential consequences fact remedy effectiveness might delayed relatively short time takes new fleet replace older one essentially irrelevant dispositive developing countries poised substantially increase greenhouse gas emissions reduction domestic emissions slow pace global emissions increases matter happens elsewhere attaches considerable significance epa espoused belief global climate change must addressed pp scope review merits statutory issues narrow although agency refusal initiate enforcement proceedings ordinarily subject judicial review heckler chaney key differences nonenforcement denials rulemaking petitions present circumstances expressly authorized epa concluded alternatively petition denial lacked authority regulate new vehicle emissions carbon dioxide air pollutant even possessed authority decline exercise regulation conflict administration priorities act expressly permits review action may reverse finds arbitrary capricious abuse discretion otherwise accordance law pp greenhouse gases fit well within act capacious definition air pollutant epa statutory authority regulate emission gases new motor vehicles definition includes air pollution agent including physical chemical substance emitted ambient air emphasis added embraces airborne compounds whatever stripe moreover carbon dioxide greenhouse gases undoubtedly physical chemical substance ibid epa reliance postenactment congressional actions deliberations views tantamount command refrain regulating greenhouse gas emissions unavailing even postenactment legislative history shed light meaning statute epa identifies nothing suggesting congress meant curtail epa power treat greenhouse gases air pollutants difficulty reconciling congress various efforts promote interagency collaboration research better understand climate change agency mandate regulate air pollutant may endanger public welfare fda brown williamson tobacco distinguished also unpersuasive epa argument regulation carbon dioxide emissions require tighten mileage standards job according epa congress assigned department transportation fact dot mandate promote energy efficiency setting mileage standards may overlap epa environmental responsibilities way licenses epa shirk duty protect public health welfare pp epa alternative basis decision even statutory authority regulate greenhouse gases unwise time rests reasoning divorced statutory text statute conditions epa action formation judgment judgment must relate whether air pollutant cause contribute air pollution may reasonably anticipated endanger public health welfare act clear terms epa avoid promulgating regulations determines greenhouse gases contribute climate change provides reasonable explanation exercise discretion determine whether refused offering instead laundry list reasons regulate including existence voluntary executive branch programs providing response global warming impairment president ability negotiate developing nations reduce emissions policy judgments nothing whether greenhouse gas emissions contribute climate change amount reasoned justification declining form scientific judgment epa avoid statutory obligation noting uncertainty surrounding various features climate change concluding therefore better regulate time scientific uncertainty profound precludes epa making reasoned judgment must say statutory question whether sufficient information exists make endangerment finding instead epa rejected rulemaking petition based impermissible considerations action therefore arbitrary capricious otherwise accordance law remand epa must ground reasons action inaction statute pp reversed remanded stevens delivered opinion kennedy souter ginsburg breyer joined roberts filed dissenting opinion scalia thomas alito joined scalia filed dissenting opinion roberts thomas alito joined massachusetts et petitioners mental protection agency et al writ certiorari appeals district columbia circuit april justice stevens delivered opinion rise global temperatures coincided significant increase concentration carbon dioxide atmosphere respected scientists believe two trends related carbon dioxide released atmosphere acts like ceiling greenhouse trapping solar energy retarding escape reflected heat therefore species important species greenhouse gas calling global warming pressing environmental challenge time group local private alleged petition certiorari environmental protection agency epa abdicated responsibility clean air act regulate emissions four greenhouse gases including carbon dioxide specifically petitioners asked us answer two questions concerning meaning act whether epa statutory authority regulate greenhouse gas emissions new motor vehicles whether stated reasons refusing consistent statute response epa supported intervening six trade correctly argued may address two questions unless least one petitioner standing invoke jurisdiction article iii constitution notwithstanding serious character jurisdictional argument absence conflicting decisions construing unusual importance underlying issue persuaded us grant writ section clean air act added pub stat amended inter alia stat stat provides epa administrator shall regulation prescribe time time revise accordance provisions section standards applicable emission air pollutant class classes new motor vehicles new motor vehicle engines judgment cause contribute air pollution may reasonably anticipated endanger public health welfare act defines air pollutant include air pollution agent combination agents including physical chemical biological radioactive substance matter emitted otherwise enters ambient air welfare also defined broadly among things includes effects weather climate congress enacted provisions study climate change shortly weather bureau began monitoring atmospheric carbon dioxide levels observatory mauna loa hawaii recorded mean level parts per million well highest carbon dioxide concentration parts per million revealed time congress drafted carbon dioxide levels reached parts per late federal government began devoting serious attention possibility carbon dioxide emissions associated human activity provoke climate change congress enacted national climate program act stat required president establish program assist nation world understand respond natural climate processes implications president carter turn asked national research council working arm national academy sciences investigate subject council response unequivocal carbon dioxide continues increase study group finds reason doubt climate changes result reason believe changes negligible policy may mean waiting late congress next addressed issue enacted global climate protection act title xi pub stat note following finding manmade pollution release carbon dioxide chlorofluorocarbons methane trace gases atmosphere may producing substantial increase average temperature earth stat congress directed epa propose congress coordinated national policy global climate change ordered secretary state work channels multilateral diplomacy coordinate diplomatic efforts combat global warming congress emphasized ongoing pollution deforestation may contributing irreversible process ecessary actions must identified implemented time protect climate meanwhile scientific understanding climate change progressed intergovernmental panel climate change ipcc multinational scientific body organized auspices nations published first comprehensive report topic drawing expert opinions across globe ipcc concluded emissions resulting human activities substantially increasing atmospheric concentrations greenhouse gases enhance greenhouse effect resulting average additional warming earth surface responding ipcc report nations convened earth summit rio de janeiro first president bush attended signed nations framework convention climate change unfccc nonbinding agreement among nations reduce atmospheric concentrations carbon dioxide greenhouse gases purpose prevent ing dangerous anthropogenic interference earth climate system treaty doc art senate unanimously ratified treaty five years later ipcc issued second comprehensive report concluding balance evidence suggests discernible human influence global climate unfccc signatories met kyoto japan adopted protocol assigned mandatory targets industrialized nations reduce greenhouse gas emissions targets apply developing heavily polluting nations china india senate unanimously passed resolution expressing sense enter kyoto protocol see res sess july passed president clinton submit protocol senate ratification ii october group private filed rulemaking petition asking epa regulate greenhouse gas emissions new motor vehicles clean air act app petitioners maintained warmest year record carbon dioxide methane nitrous oxide hydrofluorocarbons heat trapping greenhouse gases greenhouse gas emissions significantly accelerated climate change ipcc report warned carbon dioxide remains important contributor forcing climate change internal quotation marks omitted petition alleged climate change serious adverse effects human health environment epa statutory authority petition observed agency already confirmed power regulate carbon dioxide see jonathan cannon epa general counsel prepared legal opinion concluding emissions within scope epa authority regulate even recognized epa far declined exercise authority memorandum carol browner administrator apr hereinafter cannon memorandum cannon successor gary guzy reiterated opinion congressional committee two weeks rulemaking petition filed see fifteen months petition submission epa requested public comment issues raised petition adding particular request comments scientific technical legal economic aspect issues may relevant epa consideration petition fed reg epa received comments next five months see fed reg close comment period white house sought assistance identifying areas science climate change greatest certainties uncertainties national research council asking response soon possible app result report titled climate change analysis key questions nrc report drawing heavily ipcc report concluded reenhouse gases accumulating earth atmosphere result human activities causing surface air temperatures subsurface ocean temperatures rise temperatures fact rising nrc report september epa entered order denying rulemaking petition fed reg agency gave two reasons decision contrary opinions former general counsels clean air act authorize epa issue mandatory regulations address global climate change see even agency authority set greenhouse gas emission standards unwise time concluding lacked statutory authority greenhouse gases epa observed congress well aware global climate change issue last comprehensively amended clean air act yet declined adopt proposed amendment establishing binding emissions limitations congress instead chose authorize investigation climate change ibid citing clean air act amendments stat epa reasoned congress specially tailored solutions global atmospheric issues fed reg particular enactment comprehensive scheme regulate pollutants depleted ozone layer see title vi stat counseled reading general authorization confer regulatory authority greenhouse gases epa stated urged view decision fda brown williamson tobacco case relying tobacco unique political history invalidated food drug administration reliance general authority regulate drugs basis asserting jurisdiction industry constituting significant portion american economy ibid epa reasoned climate change political history congress designed original clean air act address local air pollutants rather substance fairly consistent concentration throughout world atmosphere fed reg emphasis added declined enact proposed amendments force epa set carbon dioxide emission standards motor vehicles ibid citing sess addressed global climate change legislation fed reg political history imposing emission limitations greenhouse gases even greater economic political repercussions regulating tobacco epa persuaded lacked power essence epa concluded climate change important unless congress spoke exacting specificity meant agency address reached conclusion epa believed followed greenhouse gases air pollutants within meaning act see ibid follows conclusion greenhouse gases air pollutants clean air act regulatory provisions agency bolstered conclusion explaining carbon dioxide air pollutant feasible method reducing tailpipe emissions improve fuel economy congress already created detailed mandatory fuel economy standards subject department transportation dot administration agency concluded epa regulation either conflict standards superfluous even assuming authority greenhouse gases epa explained detail refuse exercise authority agency began recognizing concentration greenhouse gases dramatically increased result human activities acknowledged attendant increase global surface air temperatures epa nevertheless gave controlling importance nrc report statement causal link two unequivocally established ibid quoting nrc report given residual uncertainty epa concluded regulating greenhouse gas emissions unwise fed reg agency furthermore characterized epa regulation emissions piecemeal approach climate change stated regulation conflict president comprehensive approach problem approach involves additional support technological innovation creation nonregulatory programs encourage voluntary reductions greenhouse gas emissions research climate change actual regulation according epa unilateral epa regulation greenhouse gas emissions might also hamper president ability persuade key developing countries reduce greenhouse gas emissions iii petitioners joined intervenor local governments sought review epa order appeals district columbia although three judges panel wrote separate opinion two judges agreed epa administrator properly exercised discretion denying petition rule making therefore denied petition review opinion announcing judgment judge randolph avoided definitive ruling petitioners standing reasoning permissible proceed merits standing merits inquiries overlap ped ibid assuming without deciding statute authorized epa administrator regulate greenhouse gas emissions judgment may reasonably anticipated endanger public health welfare judge randolph concluded exercise judgment need based solely scientific evidence may also informed sort policy judgments motivate congressional action given framework reasonable epa base decision scientific uncertainty well factors including concern unilateral regulation emissions weaken efforts reduce greenhouse gas emissions countries ibid judge sentelle wrote separately believed petitioners failed demonstrat element injury necessary establish standing article iii opinion dissenting part concurring judgment view alleged global warming harmful humanity large allege particularized injuries citing lujan defenders wildlife dissented standing however accepted contrary view law case joined judge randolph judgment merits closest preferred judge tatel dissented emphasizing epa nowhere challenged factual basis petitioners affidavits concluded least massachusetts satisfied element article iii standing injury causation redressability judge tatel view probability projected rises sea level lead serious loss coastal property far cry kind generalized harm insufficient ground article iii jurisdiction found petitioners affidavits adequately supported conclusion epa failure curb greenhouse gas emissions contributed sea level changes threatened massachusetts coastal property ibid redressability observed one petitioners experts former epa climatologist stated chievable reductions emissions greenhouse gases motor vehicles delay moderate many adverse impacts global warming ibid quoting declaration michael maccracken former executive director global change research program hereinafter maccracken decl available petitioners standing appendix cadc stdg noted director epa pollution control efforts stated affidavit enforceable emission standards lead development new technologies gradually mandated countries around world quoting declaration michael walsh stdg app merits judge tatel explained length believed text statute provided epa authority regulate greenhouse gas emissions policy concerns justify refusal exercise authority iv article iii constitution limits jurisdiction cases controversies two words confine business federal courts questions presented adversary context form historically viewed capable resolution judicial process flast cohen therefore familiar learning justiciable controversy exists parties seek adjudication political question luther borden ask advisory opinion hayburn case dall see also clinton jones question sought adjudicated mooted subsequent developments california san pablo tulare case suffers none defects parties dispute turns proper construction congressional statute question eminently suitable resolution federal congress moreover authorized type challenge epa action see authorization critical importance standing inquiry congress power define injuries articulate chains causation give rise case controversy none existed lujan kennedy concurring part concurring judgment exercising power however congress must least identify injury seeks vindicate relate injury class persons entitled bring suit ibid therefore entertain citizen suits vindicate public nonconcrete interest proper administration laws epa maintains greenhouse gas emissions inflict widespread harm doctrine standing presents insuperable jurisdictional obstacle agree bottom gist question standing whether petitioners personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination baker carr justice kennedy explained lujan concurrence matter many persons injured challenged action party bringing suit must show action injures concrete personal way requirement empty formality preserves vitality adversarial process assuring parties actual opposed professed stake outcome legal questions presented resolved rarified atmosphere debating society concrete factual context conducive realistic appreciation consequences judicial action internal quotation marks omitted ensure proper adversarial presentation lujan holds litigant must demonstrate suffered concrete particularized injury either actual imminent injury fairly traceable defendant likely favorable decision redress injury see however litigant congress accorded procedural right protect concrete interests right challenge agency action unlawfully withheld assert right without meeting normal standards redressability immediacy ibid litigant vested procedural right litigant standing possibility requested relief prompt party reconsider decision allegedly harmed litigant ibid see also sugar cane growers cooperative veneman cadc litigant alleges deprivation procedural protection entitled never prove received procedure substantive result altered necessary show procedural step connected substantive result one petitioners needs standing permit us consider petition review see rumsfeld forum academic institutional rights stress judge tatel special position interest massachusetts considerable relevance party seeking review sovereign state lujan private individual well creation modern administrative state recognized normal litigants purposes invoking federal jurisdiction justice holmes explained georgia tennessee copper case georgia sought protect citizens air pollution originating outside borders case argued largely one two private parties elements relied upon suit ground equitable relief wanting state owns little territory alleged affected damage capable estimate money possibly least small suit state injury capacity capacity state interest independent behind titles citizens earth air within domain last word whether mountains shall stripped forests inhabitants shall breathe pure air georgia independent interest earth air within domain supported federal jurisdiction century ago massachusetts desire preserve sovereign territory today cf alden maine observing federal system relegated role mere provinces political corporations retain dignity though full authority sovereignty massachusetts fact great deal territory alleged affected reinforces conclusion stake outcome case sufficiently concrete warrant exercise federal judicial power state enters union surrenders certain sovereign prerogatives massachusetts invade rhode island force reductions greenhouse gas emissions negotiate emissions treaty china india circumstances exercise police powers reduce emissions might well see alfred snapp son puerto rico ex rel barez one helpful indication determining whether alleged injury health welfare citizens suffices give state standing sue parens patriae whether injury one state likely attempt address sovereign lawmaking powers sovereign prerogatives lodged federal government congress ordered epa protect massachusetts among others prescribing standards applicable emission air pollutant class classes new motor vehicle engines administrator judgment cause contribute air pollution may reasonably anticipated endanger public health welfare congress moreover recognized concomitant procedural right challenge rejection rulemaking petition arbitrary capricious given procedural right massachusetts stake protecting interests commonwealth entitled special solicitude standing mind clear petitioners submissions pertain massachusetts satisfied demanding standards adversarial process epa steadfast refusal regulate greenhouse gas emissions presents risk harm massachusetts actual imminent lujan internal quotation marks omitted moreover substantial likelihood judicial relief requested prompt epa take steps reduce risk duke power carolina environmental study group injury harms associated climate change serious well recognized indeed nrc report epa regards objective independent assessment relevant science fed reg identifies number environmental changes already inflicted significant harms including global retreat mountain glaciers reduction extent earlier spring melting rivers lakes accelerated rate rise sea levels century relative past thousand years nrc report petitioners allege hints environmental damage yet come according climate scientist michael maccracken qualified scientific experts involved climate change research reached strong consensus global warming threatens among things precipitate rise sea levels end century maccracken decl stdg app severe irreversible changes natural ecosystems significant reduction water storage winter snowpack mountainous regions direct important economic consequences increase spread disease also observes rising ocean temperatures may contribute ferocity hurricanes risks widely shared minimize massachusetts interest outcome litigation see federal election akins harm concrete though widely shared found according petitioners unchallenged affidavits global sea levels rose somewhere centimeters century result global warming maccracken decl stdg app rising seas already begun swallow massachusetts coastal land declaration paul kirshen maccracken decl commonwealth owns substantial portion state coastal property declaration karst hoogeboom alleged particularized injury capacity landowner severity injury increase course next century sea levels continue rise predicted one massachusetts official believes significant fraction coastal property either permanently lost inundation temporarily lost periodic storm surge flooding events remediation costs alone petitioners allege run well hundreds millions dollars see also kirshen decl causation epa dispute existence causal connection greenhouse gas emissions global warming minimum therefore epa refusal regulate emissions contributes massachusetts injuries epa nevertheless maintains decision regulate greenhouse gas emissions new motor vehicles contributes insignificantly petitioners injuries agency haled federal answer reason epa believe realistic possibility exists relief petitioners seek mitigate global climate change remedy injuries especially predicted increases greenhouse gas emissions developing nations particularly china india likely offset marginal domestic decrease epa overstates case argument rests erroneous assumption small incremental step incremental never attacked federal judicial forum yet accepting premise doom challenges regulatory action agencies like legislatures generally resolve massive problems one fell regulatory swoop see williamson lee optical reform may take one step time addressing phase problem seems acute legislative mind instead whittle away time refining preferred approach circumstances change develop understanding best proceed cf sec chenery principles must await development others must adjusted meet particular unforeseeable situations first step might tentative support notion federal courts lack jurisdiction determine whether step conforms law reducing domestic automobile emissions hardly tentative step even leaving aside greenhouse gases transportation sector emits enormous quantity carbon dioxide atmosphere according maccracken affidavit billion metric tons alone stdg app accounts worldwide carbon dioxide emissions oppenheimer decl see also maccracken decl put perspective considering emissions transportation sector represent less country total carbon dioxide emissions still rank emitter carbon dioxide world outpaced european union judged standard emissions make meaningful contribution greenhouse gas concentrations hence according petitioners global warming remedy may true regulating emissions reverse global warming means follows lack jurisdiction decide whether epa duty take steps slow reduce see also larson valente plaintiff satisfies redressability requirement shows favorable decision relieve discrete injury need show favorable decision relieve every injury enormity potential consequences associated climate change fact effectiveness remedy might delayed relatively short time takes new fleet replace older one essentially dispositive developing countries china india poised increase greenhouse gas emissions substantially next century reduction domestic emissions slow pace global emissions increases matter happens elsewhere moreover attach considerable significance epa agree ment president must address issue global climate change fed reg quoting remarks announcing clear skies global climate initiatives public papers george bush vol epa ardent support various voluntary programs fed reg judge tatel observed dissent epa presumably bother efforts thought emissions reductions discernable impact future global warming sum least according petitioners uncontested affidavits rise sea levels associated global warming already harmed continue harm massachusetts risk catastrophic harm though remote nevertheless real risk reduced extent petitioners received relief seek therefore hold petitioners standing challenge epa denial rulemaking scope review merits statutory issues narrow repeated time agency broad discretion choose best marshal limited resources personnel carry delegated responsibilities see chevron natural resources defense council discretion height agency decides bring enforcement action therefore heckler chaney held agency refusal initiate enforcement proceedings ordinarily subject judicial review debate remains however rigor review agency denial petition rulemaking key differences denial petition rulemaking agency decision initiate enforcement action see american horse protection lyng cadc contrast nonenforcement decisions agency refusals initiate rulemaking less frequent apt involve legal opposed factual analysis subject special formalities including public explanation see also moreover arise denials petitions rulemaking least circumstances affected party undoubted procedural right file first instance refusals promulgate rules thus susceptible judicial review though review extremely limited highly deferential national customs brokers forwarders assn america cadc epa concluded denial petition rulemaking lacked authority regulate new vehicle emissions carbon dioxide air pollutant term defined alternative concluded even possessed authority decline regulation conflict administration priorities discussed earlier clean air act expressly permits review action therefore may reverse action found arbitrary capricious abuse discretion otherwise accordance law vi merits first question whether clean air act authorizes epa regulate greenhouse gas emissions new motor vehicles event forms judgment emissions contribute climate change little trouble concluding relevant part provides epa shall regulation prescribe standards applicable emission air pollutant class classes new motor vehicles new motor vehicle engines administrator judgment cause contribute air pollution may reasonably anticipated endanger public health welfare epa believes congress intend regulate substances contribute climate change agency maintains carbon dioxide air pollutant within meaning provision statutory text forecloses epa reading clean air act sweeping definition air pollutant includes air pollution agent combination agents including physical chemical substance matter emitted otherwise enters ambient air emphasis added face definition embraces airborne compounds whatever stripe underscores intent repeated use word carbon dioxide methane nitrous oxide hydrofluorocarbons without doubt physical chemical substance emitted ambient air statute rather relying statutory text epa invokes postenactment congressional actions deliberations views tantamount congressional command refrain regulating greenhouse gas emissions even postenactment legislative history shed light meaning statute epa never identifies action remotely suggesting congress meant curtail power treat greenhouse gases air pollutants subsequent congresses eschewed enacting binding emissions limitations combat global warming tells us nothing congress meant amended unlike epa difficulty reconciling congress various efforts promote interagency collaboration research better understand climate agency mandate regulate air pollutant may endanger public welfare see collaboration research conflict thoughtful regulatory effort complement epa reliance brown williamson tobacco similarly misplaced holding tobacco products drugs devices subject food drug administration fda regulation pursuant food drug cosmetic act fdca see found critical least two considerations counterpart case first thought unlikely congress meant ban tobacco products fdca required products classified drugs devices contrast epa jurisdiction lead extreme measures epa regulate emissions even delay action permit development application requisite technology giving appropriate consideration cost compliance however much ban tobacco products clashed common sense intuition congress never meant remove products circulation brown williamson nothing counterintuitive notion epa curtail emission substances putting global climate kilter second brown williamson pointed unbroken series congressional enactments made sense adopted backdrop fda consistent repeated statements lacked authority fdca regulate tobacco point enactments epa identified congressional action conflicts way regulation greenhouse gases new motor vehicles even congress acted regulatory backdrop disclaimers regulatory authority prior order provoked litigation epa never disavowed authority regulate greenhouse gases fact affirmed authority see app cannon memorandum reason much less compelling reason accept epa invitation read ambiguity clear statute epa finally argues regulate carbon dioxide emissions motor vehicles require tighten mileage standards job according epa congress assigned dot see fed reg dot sets mileage standards way licenses epa shirk environmental responsibilities epa charged protecting public health welfare statutory obligation wholly independent dot mandate promote energy efficiency see energy policy conservation act stat two obligations may overlap reason think two agencies administer obligations yet avoid inconsistency congresses drafted might appreciated possibility burning fossil fuels lead global warming understand without regulatory flexibility changing circumstances scientific developments soon render clean air act obsolete broad language reflects intentional effort confer flexibility necessary forestall obsolescence see pennsylvania dept corrections yeskey fact statute applied situations expressly anticipated congress demonstrate ambiguity demonstrates breadth internal quotation marks omitted greenhouse gases fit well within clean air act capacious definition air pollutant hold epa statutory authority regulate emission gases new motor vehicles vii alternative basis epa decision even statutory authority regulate greenhouse gases unwise time rests reasoning divorced statutory text statute condition exercise epa authority formation judgment judgment must relate whether air pollutant cause contribute air pollution may reasonably anticipated endanger public health welfare ibid put another way use word judgment roving license ignore statutory text direction exercise discretion within defined statutory limits epa makes finding endangerment clean air act requires agency regulate emissions deleterious pollutant new motor vehicles ibid stating epa shall regulation prescribe standards applicable emission air pollutant class new motor vehicles epa doubt significant latitude manner timing content coordination regulations agencies epa responded petition rulemaking reasons action inaction must conform authorizing statute clear terms clean air act epa avoid taking action determines greenhouse gases contribute climate change provides reasonable explanation exercise discretion determine whether ibid extent constrains agency discretion pursue priorities administrator president congressional design epa refused comply clear statutory command instead offered laundry list reasons regulate example epa said number voluntary executive branch programs already provide effective response threat global warming fed reg regulating greenhouse gases might impair president ability negotiate key developing nations reduce emissions curtailing emissions reflect inefficient piecemeal approach address climate change issue ibid although neither expertise authority evaluate policy judgments evident nothing whether greenhouse gas emissions contribute climate change still less amount reasoned justification declining form scientific judgment particular president broad authority foreign affairs authority extend refusal execute domestic laws global climate protection act congress authorized state department epa formulate foreign policy reference environmental matters relating climate see stat epa made showing issued ruling question consultation state department congress direct epa consult agencies formulation policies rules state department absent list epa avoid statutory obligation noting uncertainty surrounding various features climate change concluding therefore better regulate time see fed reg scientific uncertainty profound precludes epa making reasoned judgment whether greenhouse gases contribute global warming epa must say epa prefer regulate greenhouse gases residual uncertainty contrary justice scalia apparent belief post fact said see fed reg believe either effective appropriate epa establish greenhouse gas standards motor vehicles time emphasis added irrelevant statutory question whether sufficient information exists make endangerment finding short epa offered reasoned explanation refusal decide whether greenhouse gases cause contribute climate change action therefore arbitrary capricious otherwise accordance law need reach question whether remand epa must make endangerment finding whether policy concerns inform epa actions event makes finding cf chevron natural resources defense council hold epa must ground reasons action inaction statute viii judgment appeals reversed case remanded proceedings consistent opinion ordered massachusetts et petitioners environmental protection agency et al writ certiorari appeals district columbia circuit april chief justice roberts justice scalia justice thomas justice alito join dissenting global warming may crisis even pressing environmental problem time pet cert indeed may ultimately affect nearly everyone planet potentially adverse way may governments done little address problem however escaped attention policymakers executive legislative branches government continue consider regulatory legislative means addressing global climate change apparently dissatisfied pace progress issue elected branches petitioners come courts claiming injury attempting tie injury government alleged failure comply rather narrow statutory provision reject challenges nonjusticiable conclusion involves judgment whether global warming exists causes extent problem render petitioners without recourse standing jurisprudence simply recognizes redress grievances sort issue function congress chief executive federal courts lujan defenders wildlife vacate judgment remand dismissal petitions review article iii constitution limits federal judicial power adjudication cases controversies dispute proper case controversy courts business deciding expounding law course daimlerchrysler cuno slip standing sue part common understanding takes make justiciable case steel citizens better environment described essential unchanging part requirement article iii defenders wildlife supra modern framework addressing standing familiar plaintiff must allege personal injury fairly traceable defendant allegedly unlawful conduct likely redressed requested relief daimlerchrysler supra slip quoting allen wright internal quotation marks omitted applying standard petitioners bear burden alleging injury fairly traceable environmental protection agency failure promulgate new motor vehicle greenhouse gas emission standards likely redressed prospective issuance standards determining whether petitioners meet familiar test however changes rules asserts normal litigants purposes invoking federal jurisdiction given massachusetts stake protecting interests commonwealth entitled special solicitude standing analysis ante emphasis added relaxing article iii standing requirements asserted injuries pressed state however basis jurisprudence support special solicitude conspicuously absent opinion general judicial review provision cited affords special rights status congress ordered epa protect massachusetts among others statutory provision issue congress recognized concomitant procedural right challenge rejection rulemaking petition arbitrary capricious ante reader might think unfortunate phrasing congress said something rights particular provision statute congress knows wants see affording right petition epa directly regulate certain sources pollution done nothing sort law petitioners rely congress treated public private litigants exactly case law cited provide support notion article iii somehow implicitly treats public private litigants differently go back full century attempt justify novel standing rule even comes short analysis hinges georgia tennessee copper case indeed draw distinction state private litigants solely respect available remedies case nothing article iii standing tennessee copper state georgia sought enjoin copper companies neighboring tennessee discharging pollutants inflicting wholesale destruction forests orchards crops bordering georgia counties although state owned little territory allegedly affected reasoned georgia capacity interest independent behind titles citizens earth air within domain explained elements relied upon suit ground equitable relief wanting state lightly required give rights pay ibid thus complaining private litigant make legal remedy one pay state entitled equitable relief see contrast present case question tennessee copper article iii injury see certainly suggestion state show standing private parties dispute private landowners action law tennessee copper since stood nothing state right original jurisdiction action sue representative capacity parens patriae see maryland louisiana nothing state ability sue capacity dilutes bedrock requirement showing injury causation redressability satisfy article iii claim parens patriae standing distinct allegation direct injury see wyoming oklahoma far substitute article iii injury parens patriae actions raise additional hurdle state litigant articulation interest apart interests particular private parties alfred snapp son puerto rico ex rel barez emphasis added cited ante association suing behalf members must show represents members least one satisfies article iii requirements state asserting interests parens patriae must still show citizens satisfy article iii focusing massachusetts interests makes required showing harder easier effect takes always regarded necessary condition parens patriae standing interest converts sufficient showing purposes article iii reasoning falters terms asserts massachusetts entitled special solicitude due interests ante applies article iii standing test asserted injury state loss coastal property see ante concluding massachusetts alleged particularized injury capacity landowner emphasis added context parens patriae standing however characterized state ownership land nonsovereign interes state likely interests similarly situated proprietors alfred snapp son supra top everything else overlooks fact cases cast significant doubt state standing assert interest opposed direct injury federal government general rule held state might assert right parens patriae protection citizens part duty power enforce rights respect relations federal government field state represents massachusetts mellon citation omitted see also alfred snapp son supra presumably explains petitioners never cited tennessee copper briefs circuit presumably explains one legion amici supporting petitioners ever cited case presumably explains one three judges writing ever cited case either given one purpose standing requirement assure concrete adverseness sharpens presentation issues upon largely depends illumination ante quoting baker carr ironic today adopts new theory article iii standing without benefit briefing argument ii clear special solicitude massachusetts plays standing analysis except implicit concession petitioners establish standing traditional terms status massachusetts state compensate petitioners failure demonstrate injury fact causation redressability actually applies test focuses dissent see cadc opinion tatel state asserted loss coastal land injury fact petitioners rely loss land article iii injury however must ground rest standing analysis specific injury alleged injury must concrete particularized defenders wildlife distinct palpable allen internal quotation marks omitted central concept particularized injury requirement plaintiff affected personal individual way defenders wildlife seek relief directly tangibly benefits manner distinct impact public large without particularized injury confidence real need exercise power judicial review relief framed broader required precise facts ruling applied warth seldin quoting schlesinger reservists comm stop war concept global warming seems inconsistent particularization requirement global warming phenomenon harmful humanity large sentelle dissenting part concurring judgment redress petitioners seek focused public generally literally change atmosphere around world petitioners particularized injury loss coastal land also injury must actual imminent conjectural hypothetical defenders wildlife supra internal quotation marks omitted real immediate los angeles lyons internal quotation marks omitted certainly impending whitmore arkansas internal quotation marks omitted actual injury observes global sea levels rose somewhere centimeters century result global warming hese rising seas already begun swallow massachusetts coastal land ante none petitioners declarations supports connection one declaration rise sea level due climate change occurring coast massachusetts metropolitan boston area elaboration petitioners standing appendix etc cadc stdg declarant goes identify significan cause boston rising sea level land subsidence see also thus aside single conclusory statement nothing petitioners standing declarations accompanying exhibits support inference actual loss massachusetts coastal land century global sea level increases pure conjecture attempts identify imminent certainly impending loss massachusetts coastal land fares better see ante one petitioners declarants predicts global warming cause sea level rise centimeters year stdg app another uses computer modeling program map commonwealth coastal land current elevation calculates estimate sea level rise result loss significant coastal land computer modeling program conceded average error centimeters maximum observed error centimeters initial matter possible model underrepresents elevation coastal land extent equal excess projected sea level rise difficult put much stock predicted loss land even placing problem side accepting time horizon series compounded estimates renders requirements imminence immediacy utterly toothless see defenders wildlife supra concept standing doctrine somewhat elastic stretched beyond breaking point allegations possible future injury satisfy requirements art iii threatened injury must certainly impending constitute injury fact whitmore supra internal quotation marks omitted emphasis added iii petitioners reliance massachusetts loss coastal land injury fact standing purposes creates insurmountable problems respect causation redressability establish standing petitioners must show causal connection specific injury lack new motor vehicle greenhouse gas emission standards promulgation standards likely redress injury often case questions causation redressability overlap see allen observing two requirements initially articulated two facets single causation requirement internal quotation marks omitted importantly party challenging government allegedly unlawful regulation lack regulation third party satisfying causation redressability requirements becomes substantially difficult defenders wildlife supra internal quotation marks omitted see also warth supra petitioners view relationship injuries epa failure promulgate new motor vehicle greenhouse gas emission standards simple direct domestic motor vehicles emit carbon dioxide greenhouse gases worldwide emissions greenhouse gases contribute global warming therefore also petitioners alleged injuries without new vehicle standards greenhouse gas emissions therefore global warming attendant harms higher otherwise epa changes course trend reversed ignores complexities global warming disregarding particularized injury relied step one using dire nature global warming bootstrap finding causation redressability first important recognize extent emissions issue local greenhouse gas emissions disperse throughout atmosphere remain anywhere years global emissions data relevant see app pet cert according one petitioners declarations domestic motor vehicles contribute percent global carbon dioxide emissions percent global greenhouse gas emissions stdg app amount global emissions issue smaller still clean air act covers new motor vehicles new motor vehicle engines petitioners desired emission standards might reduce fraction percent global emissions gets us relevant greenhouse gas emissions linking global warming ultimately petitioners alleged injuries next requires consideration complexities epa explained denial petitioners request rulemaking predicting future climate change necessarily involves complex web economic physical factors including ability predict future global anthropogenic emissions greenhouse gases aerosols fate emissions enter atmosphere percentage absorbed vegetation taken oceans impact emissions remain atmosphere radiative properties atmosphere changes critically important climate feedbacks changes cloud cover ocean circulation changes temperature characteristics average temperatures shifts daytime evening temperatures changes climatic parameters shifts precipitation storms ultimately impact changes human health welfare increases decreases agricultural productivity human health impacts app pet cert petitioners never able trace alleged injuries back complex web fractional amount global emissions might limited epa standards light domestic new motor vehicle greenhouse gas emissions played petitioners describe global phenomenon myriad additional factors bearing petitioners alleged injury loss massachusetts coastal land connection far speculative establish causation iv redressability even problematic tenuous link petitioners alleged injury indeterminate fractional domestic emissions issue add fact petitioners meaningfully predict come percent global greenhouse gas emissions originate outside acknowledges developing countries china india poised increase greenhouse gas emissions substantially next century ante domestic emissions issue may become increasingly marginal portion global emissions decreases produced petitioners desired standards likely overwhelmed many times emissions increases elsewhere world petitioners offer declarations attempting address uncertainty contending takes steps reduce motor vehicle emissions countries likely take similar actions regarding motor vehicles using technology developed response program stdg app see also words worry countries contribute far global warming automobile emissions someone bound invent something places like people republic china india surely require use new technology regardless cost previously explained existence element standing depends unfettered choices made independent actors courts whose exercise broad legitimate discretion courts presume either control predict party must present facts supporting assertion actor proceed manner defenders wildlife quoting asarco kadish opinion kennedy internal quotation marks omitted declarations conclusory say fanciful statements even come close matter reasons decrease domestic emissions slow pace global emissions increases matter happens elsewhere ante every little bit helps massachusetts sue little bit failing link different elements standing test must likely redressed particular injury fact injury looks asserted loss land contends regulating domestic motor vehicle emissions reduce carbon dioxide atmosphere therefore redress massachusetts injury even regulation reduce emissions indeterminate degree given events elsewhere world never explains makes likely injury fact loss land redressed schoolchildren know kingdom might lost want horseshoe nail likely redressability different matter realities make pure conjecture suppose epa regulation new automobile emissions likely prevent loss massachusetts coastal land petitioners difficulty demonstrating causation redressability surprising given evident mismatch source alleged injury catastrophic global warming narrow subject matter clean air act provision issue suit mismatch suggests petitioners true goal litigation may symbolic anything else constitutional role courts however decide concrete cases serve convenient forum policy debates see valley forge christian college americans separation church state standing tends assure legal questions presented resolved rarified atmosphere debating society concrete factual context conducive realistic appreciation consequences judicial action dealing legal doctrine phrased terms fairly traceable likely redressed perhaps surprising matter subject debate considering loosely rigorously define adverbs vital keep mind purpose inquiry limitation judicial power cases controversies crucial maintaining tripartite allocation power set forth constitution daimlerchrysler slip internal quotation marks omitted view today addressing article iii core component standing defenders wildlife supra fails take limitation seriously fair first time done today decision recalls previous mark diluted standing requirements students challenging regulatory agency procedures scrap scrap involved robably attenuated injury conferring art iii standing surely went outer limit law today whitmore see also lujan national wildlife federation scrap never since emulated scrap based environmental group standing challenge railroad freight rate surcharge group allegation increases railroad rates cause increase use nonrecyclable goods resulting increased need natural resources produce goods according group resources might taken washington area resulting increased refuse might find way area parks harming group members time scrap became emblematic looseness article iii standing requirements utterly manipulable taken seriously matter judicial scrap made standing seem lawyer game rather fundamental limitation ensuring courts function courts intrude politically accountable branches today decision scrap new perhaps recognizes much else explain need devise new doctrine state standing support result good news special solicitude massachusetts limits future applicability diluted standing requirements applied case bad news relaxation article iii requirements caused us transgress proper properly limited role courts democratic society allen internal quotation marks omitted respectfully dissent massachusetts et petitioners environmental protection agency et al writ certiorari appeals district columbia circuit april justice scalia chief justice justice thomas justice alito join dissenting join chief justice opinion full hold jurisdiction decide case petitioners lack standing decided otherwise appropriate note dissent merits provision law heart case clean air act caa provides administrator environmental protection agency epa shall regulation prescribe standards applicable emission air pollutant class classes new motor vehicles new motor vehicle engines judgment cause contribute air pollution may reasonably anticipated endanger public health welfare emphasis added recognizes statute condition exercise epa authority formation ante dispute administrator made judgment case see ante need reach question whether remand epa must make endangerment finding fed administrator made finding caa regulatory provisions meets applicable statutory criteria regulation question thus arises anything require administrator make judgment whenever petition rulemaking filed without citation statute authority says yes congress wishes make private action force agency hand knows see brock pierce county discussing comprehensive employment training act ceta stat supp provide secretary labor issue final determination misuse ceta funds grant recipient within days receiving complaint alleging misuse caa say epa administrator required come decision question whenever rulemaking petition filed points provision none exists instead invents question epa administrator must answer petition rulemaking filed administrator must exercise judgment one three ways concluding pollutant cause contribute air pollution endangers public welfare case epa required regulate concluding pollutant cause contribute air pollution endangers public welfare case epa required regulate provid ing reasonable explanation exercise discretion determine whether greenhouse gases endanger public welfare ante case epa required regulate willing assume sake argument administrator discretion regard entirely unbounded reasonable basis deferring judgment must grasp nettle however basis text precedent rejects epa stated policy judgments amount ing reasoned justification ante effectively narrowing universe potential reasonable bases single one judgment delayed administrator concludes scientific uncertainty profound ibid administrator precluded concluding reasons better regulate time reasons perfectly valid reasons set forth agency statement believe either effective appropriate epa establish greenhouse gas standards motor vehicles time described detail president laid comprehensive approach climate change calls voluntary actions incentives along programs aimed reducing scientific uncertainties encouraging technological development government may effectively efficiently address climate change issue long term stablishing greenhouse gas emission standards motor vehicles time result inefficient piecemeal approach addressing climate change issue motor vehicle fleet one many sources greenhouse gas emissions abroad different greenhouse gas emission sources face different technological financial challenges reducing emissions sensible regulatory scheme require significant sources sinks greenhouse gas emissions considered deciding best achieve needed emission reductions unilateral epa regulation motor vehicle greenhouse gas emissions also weaken efforts persuade developing countries reduce greenhouse gas intensity economies considering large populations growing economies developing countries increases greenhouse gas emissions quickly overwhelm effects greenhouse gas reduction measures developed countries potential benefit epa regulation lost extent nations decided let emissions significantly increase view emissions reductions unavoidably climate change raises important foreign policy issues president prerogative address fed reg omitted dismisses analysis rest ing reasoning divorced statutory text ante statute condition exercise epa authority formation judgment must relate whether air pollutant contribute air pollution may reasonably anticipated endanger public health welfare ibid true irrelevant administrator makes judgment whether regulate greenhouse gases judgment must relate whether air pollutants cause contribute air pollution may reasonably anticipated endanger public health welfare statute says nothing reasons administrator may defer making judgment permissible reasons deciding grapple issue present time thus various policy rationales ante criticizes divorced statutory text ante except sense statutory text silent texts often silent permissible reasons exercise agency discretion reasons epa gave surely considerations executive agencies regularly take account take account deciding whether consider entering new field impact entry executive branch programs foreign policy basis law imposed limitation epa interpretation discretion conferred statutory reference judgment reasonable natural reading text nowhere explains interpretation incorrect let alone entitled deference chevron natural resources defense council administrator acted within law declining make judgment policy reasons set forth uphold decision deny rulemaking petition ground alone even terms however conclusion follows mentioned gives epa option determining science uncertain allow form judgment whether greenhouse gases endanger public welfare attached option basis unclear essay requirement says scientific uncertainty profound precludes epa making reasoned judgment whether greenhouse gases contribute global warming epa must say ante epa said precisely great length based information contained report national research council nrc entitled climate change science analysis key questions nrc noted report concentrations greenhouse gases ghgs increasing atmosphere result human activities pp also noted diverse array evidence points warming global surface air temperatures report goes state however ecause large still uncertain level natural variability inherent climate record uncertainties time histories various forcing agents particularly aerosols causal linkage buildup greenhouse gases atmosphere observed climate changes century unequivocally established fact magnitude observed warming large comparison natural variability simulated climate models suggestive linkage constitute proof one model simulations deficient natural variability decadal century time scale nrc also observed considerable uncertainty current understanding climate system varies naturally reacts emissions ghgs aerosols result uncertainty nrc cautioned estimate magnitude future warming regarded tentative subject future adjustments either upward downward id advised educing wide range uncertainty inherent current model predictions global climate change require major advances understanding modeling factors determine atmospheric concentrations ghgs aerosols feedbacks determine sensitivity climate system prescribed increase ghgs id science climate change extraordinarily complex still evolving although substantial advances climate change science continue important uncertainties understanding factors may affect future climate change addressed nrc explained predicting future climate change necessarily involves complex web economic physical factors including ability predict future global anthropogenic emissions ghgs aerosols fate emissions enter atmosphere percentage absorbed vegetation taken oceans impact emissions remain atmosphere radiative properties atmosphere changes critically important climate feedbacks changes cloud cover ocean circulation changes temperature characteristics average temperatures shifts daytime evening temperatures changes climatic parameters shifts precipitation storms ultimately impact changes human health welfare increases decreases agricultural productivity human health impacts nrc noted particular understanding relationships human health infancy therefore health consequences climate change poorly understood substantial scientific uncertainties limit ability assess factors separate changes resulting natural variability directly result increases anthropogenic ghgs reducing wide range uncertainty inherent current model predictions require major advances understanding modeling factors determine atmospheric concentrations greenhouse gases aerosols processes determine sensitivity climate system fed reg simply conceive else like epa say ii even reaching discussion word judgment makes another significant error concludes clean air act authorizes epa regulate greenhouse gas emissions new motor vehicles event forms emissions contribute climate change ante emphasis added authorization relies calls clean air act capacious definition pollutant ante air pollutant defined act air pollution agent combination agents including physical chemical substance matter emitted otherwise enters ambient air correct arbon dioxide methane nitrous oxide hydrofluorocarbons ante fit within second half definition physical chemical substance matter emitted otherwise ente ambient air mistakenly believes end analysis order air pollutant act definition substance matter emitted ambient air must also meet first half definition namely must air pollution agent combination agents simply pretends half definition exist analysis faithfully follows argument advanced petitioners focuses word including statutory definition air pollutant see brief petitioners argument goes anything follows word including must necessarily subset whatever precedes thus greenhouse gases qualify phrase following word including must qualify phrase preceding since greenhouse gases come within capacious phrase physical chemical substance matter emitted otherwise enters ambient air must also air pollution agent combination agents therefore meet definition air pollutant certainly one possible interpretation statutory definition word including indeed indicate follows illustrative sampling general category precedes word federal land bank paul bismarck lumber often however examples standing alone broader general category must viewed limited light category government provides helpful unanswered example phrase american automobile including truck minivan naturally construed encompass truck minivan brief federal respondent general principle enunciated speaker talking american automobiles carries forward illustrative examples trucks minivans limits accordingly even though isolation broader congress often uses word including manner example refers proceeding foreign international tribunal including criminal investigations conducted formal accusation certainly provision encompass criminal investigations underway domestic tribunal see also clerk house representatives shall request member house representatives furnish member official use one set privately published annotated version code including supplements pocket parts relevant findings appropriate international organizations including nongovernmental organizations short word including require petitioners result perfectly reasonable view definition air pollutant entirety air pollutant physical chemical substance matter emitted otherwise enters ambient air retains general characteristic air pollution agent combination agents precisely conclusion epa reached substance meet caa definition pollutant simply chemical substance matter emitted otherwise enters ambient air must also pollution agent fed reg see also root definition indicates substance pollutant must face textual ambiguity application chevron deference epa interpretation word including nowhere evidently defers reasonable interpretations favors using epa interpretation definition air pollutant must next determine whether greenhouse gases agent air pollution statute authorize regulation epa lack authority unlike air pollutants term air pollution defined caa thus must accept epa interpretation ambiguous term provided interpretation permissible construction statute chevron case petition rulemaking asked epa regulation greenhouse gas emissions motor vehicles reduce risk global climate change fed reg thus deciding whether authority regulate epa determine whether concentration greenhouse gases assertedly responsible global climate change qualifies air pollution epa began commonsense observation roblems associated atmospheric concentrations bear little resemblance naturally termed air pollution epa prior use caa general regulatory provisions provides important context since inception act epa used provisions address air pollution problems occur primarily ground level near surface earth example national ambient air quality standards naaqs established caa section address concentrations substances ambient air related public health welfare problems meant setting naaqs concentrations ozone carbon monoxide particulate matter substances air near surface earth higher atmosphere contrast fairly consistent concentration throughout world atmosphere approximately lower stratosphere words regulating buildup greenhouse gases upper reaches atmosphere alleged causing global climate change akin regulating concentration substance polluting air need look dictionary confirmation interpretation air pollution eminently reasonable definition pollute course make render impure unclean webster new international dictionary ed first three definitions air follows invisible odorless tasteless mixture gases surrounds earth body earth atmosphere part near earth distinguished upper rarefied part portion air air considered respect physical characteristics affecting senses epa conception air pollution focusing impurities ambient air ground level near surface earth perfectly consistent natural meaning term end epa concluded since caa authorization regulate generally based finding air pollutant causes contributes air pollution fed reg concentrations greenhouse gases allegedly affecting global climate beyond scope caa authorization regulate term pollution used regulatory provisions interpreted encompass global climate change ibid utterly fails explain interpretation incorrect let alone unreasonable unworthy chevron deference alarm global warming may may justified distort outcome litigation straightforward case congress passed malleable statute giving broad discretion us executive agency matter important underlying policy issues stake business substituting desired outcome reasoned judgment responsible agency footnotes pet cert california connecticut illinois maine massachusetts new jersey new mexico new york oregon rhode island vermont washington district columbia american samoa new york city baltimore center biological diversity center food safety conservation law foundation environmental advocates environmental defense friends earth greenpeace international center technology assessment national environmental trust natural resources defense council sierra club union concerned scientists public interest research group alaska idaho kansas michigan nebraska north dakota ohio south dakota texas utah alliance automobile manufacturers national automobile dealers association engine manufacturers association truck manufacturers association litigation group utility air regulatory group version used phrase endangers public health welfare rather may reasonably anticipated endanger public health welfare see clean air amendments stat congress amended give approval decision ethyl epa cadc en banc held clean air act common sense demand regulatory action prevent harm even regulator less certain harm otherwise inevitable see clean air act amendments stat see also council environmental quality issued report concluding may changing weather environmental quality first annual report considerable uncertainty remained early years issue went largely unmentioned congressional debate enactment clean air act see cong rec statement boggs referring council conclusion ir pollution alters climate may produce global changes temperature see intergovernmental panel climate change climate change synthesis report pp drilling thick antarctic ice sheets extracting cores scientists examine ice long ago extract small samples ancient air air analyzed yielding estimates carbon dioxide levels ibid dramatic rise yet come carbon dioxide levels reached parts per million see dept commerce national oceanic atmospheric administration mauna loa monthly mean data internet materials visited mar available clerk case file level thought exceed concentration carbon dioxide atmosphere point past years see intergovernmental panel climate change technical summary working group report climate research board carbon dioxide climate scientific assessment vii ipcc climate change ipcc scientific assessment xi houghton jenkins ephraums eds industrialized countries listed annex unfccc undertook reduce emissions greenhouse gases levels year immediate restrictions imposed developing countries including china india choose become annex countries sufficiently developed ipcc climate change science climate change alliance sustainable communities applied power technologies bio fuels america california solar energy industries assn clements environmental environmental advocates environmental energy study institute friends earth full circle energy project green party rhode island greenpeace usa international center technology assessment network environmental economic responsibility church christ new jersey environmental watch new mexico solar energy assn oregon environmental council public citizen solar energy industries assn sun day campaign see app see petition review action administrator promulgating standard section title final action taken administrator chapter may filed appeals district columbia chief justice accuses misreading georgia tennessee copper see post dissenting opinion devis ing new doctrine state standing less authority hart wechsler federal courts federal system understands tennessee copper standing decision fallon meltzer shapiro hart wechsler federal courts federal system ed indeed devotes entire section chronicling long development cases permitting litigate parens patriae protect interests public governmental interests concern state whole see missouri illinois finding federal jurisdiction appropriate cases involving boundaries jurisdiction lands inhabitants cases directly affecting property rights interests state also substantial impairment health prosperity towns cities state stake drawing massachusetts mellon alfred snapp son puerto rico ex rel barez citing missouri illinois chief justice claims overloo fact cases cast significant doubt state standing assert interest federal government post mellon disavowed broad reading noted called upon adjudicate rights person property rights dominion physical domain quasi sovereign rights actually invaded threatened emphasis added event held georgia pennsylvania critical difference allowing state protect citizens operation federal statutes mellon prohibits allowing state assert rights federal law standing massachusetts dispute clean air act applies citizens rather seeks assert rights act see also nebraska wyoming holding wyoming standing bring vindicate interests behind titles citizens earth air within quoting tennessee copper regard maccracken affidavit drafted year advance hurricane katrina eerily prescient immediately discussing particular concern climate change might cause increase wind speed peak rate precipitation major tropical cyclones hurricanes typhoons maccracken noted oil compaction sea level rise recurrent storms destroying approximately square miles louisiana wetlands year wetlands serve absorber storm surges inundate new orleans significantly enhancing risk major urban population stdg app example massachusetts department conservation recreation owns operates maintains approximately coastal state parks beaches reservations wildlife sanctuaries also owns operates maintains sporting recreational facilities coastal areas including numerous pools skating rinks playgrounds playing fields former coastal fortifications public stages museums bike trails tennis courts boathouses boat ramps landings associated coastal properties facilities significant amount infrastructure commonwealth also owns operates maintains including roads parkways stormwater pump stations pier sea wal revetments dams hoogeboom decl see also declaration christian jacqz discussing possible loss roughly acres land per miles coastline kirshen decl alleging hen rise sea level occurs flood magnitude present flood flood magnitude present flood dissent chief justice dismisses petitioners submissions conclusory presumably quantify massachusetts land loss exactitude prefer post therefore asserts commonwealth injury conjectur al see ibid yet likelihood massachusetts coastline recede nothing whether petitioners determined precise metes bounds land petitioners maintain seas rising continue rise alleged rise lead loss massachusetts sovereign territory one save perhaps dissenters disputes allegations cases require nothing see unfccc national greenhouse gas inventory data period status reporting hereinafter inventory data reflecting emissions annex countries unfccc sixth compilation synthesis initial national communications parties included annex convention reflecting emissions countries see also dept energy energy information international energy annual world carbon dioxide emissions consumption flaring fossil fuels table http see also mountain legal foundation glickman cadc drastic injury government action makes likely lesser increment probability establish standing village elk grove village evans ven small probability injury sufficient create case controversy take suit category hypothetical provided course relief sought granted reduce probability dissent chief justice expresses disagreement holding students challenging regulatory agency procedures scrap however disavow portion justice stewart opinion unlike specific geographically limited federal action petitioner complained sierra club morton challenged agency action case applicable substantially nation railroads thus allegedly adverse environmental impact natural resources country rather limited group persons used picturesque valley california persons utilize scenic resources country indeed breathe air claim harm similar alleged environmental groups already made clear standing denied simply many people suffer injury indeed cases relied sierra club demonstrated patent fact persons across nation adversely affected major governmental actions deny standing persons fact injured simply many others also injured mean injurious widespread government actions questioned nobody accept conclusion ibid citations omitted emphasis added moreover quite wrong analogize legal claim advanced massachusetts public private entities challenge epa parsimonious construction clean air act mere lawyer game see post see department housing urban development rucker observing expansive meaning one indiscriminately whatever kind internal quotation marks omitted dissent justice scalia maintains greenhouse gases permeate world atmosphere rather limited area near earth surface epa exclusion greenhouse gases category air pollution agent entitled deference chevron natural resources defense council see post epa distinction however finds support text statute uses phrase ambient air without distinguishing atmospheric layers moreover plainly unreasonable reading sweeping statutory provision designed capture physical chemical substance matter emitted otherwise enters ambient air justice scalia explain congress define air pollutant carefully broadly yet confer epa authority narrow definition whenever expedient asserting particular substance agent rate party dispute contests greenhouse gases ente ambient air tend warm atmosphere therefore unquestionably agent air pollution see price holding views subsequent congress form hazardous basis inferring intent earlier one see also cobell norton cadc legislative history oxymoronic inherently entitled little weight see national climate program act stat et seq calling establishment national climate program additional climate change research global climate protection act stat directing epa secretary state jointly develop coordinated national policy global climate change report congress global change research act tit stat establishing development coordination comprehensive integrated research program aid understand ing natural processes climate change global climate change prevention act stat et seq directing dept agriculture study effects climate change forestry agriculture energy policy act stat requiring secretary energy report information pertaining climate change moreover puzzled epa roundabout argument later congresses chose address stratospheric ozone pollution specific legislative provision somehow follows greenhouse gases air pollutants within meaning clean air act footnotes seems think recognize tennessee copper case parens patriae standing ante doubt point nothing cases hart wechsler suggests prudential requirements parens patriae standing see republic venezuela philip morris cadc observing parens patriae merely species prudential standing internal quotation marks omitted somehow substitute alter content irreducible constitutional minimum requirements injury fact causation redressability article iii lujan defenders wildlife georgia pennsylvania contrary caption makes clear enough fact state may assert rights federal statute parens patriae way refutes clear ruling state standing parens patriae bring action federal government alfred snapp son puerto rico ex rel barez difficulty scrap reason followed portion cited see ante rather attenuated nature injury troubling even scrap noted required something ingenious academic exercise conceivable since understood allegation string occurrences alleged happen immediately whitmore arkansas emphasis added hardly case says quite wrong compare petitioners challenging epa parsimonious construction clean air act mere game ante course legal challenge merely ingenious academic exercise conceivable scrap supra assertions made support standing footnotes way putting course quite accurate issue whether better defer decision whether exercise judgment effect deferring regulation quite different determination epa interpretation reasonable far plausible alternative correctly points airborne compounds whatever stripe ante qualify physical chemical substance matter emitted otherwise ente ambient air follows everything airborne frisbees flatulence qualifies air pollutant reading statute defies common sense