environmental protection agency et al eme homer city generation et argued december decided april congress environmental protection agency epa agency course several decades made many efforts deal complex challenge curtailing air pollution emitted upwind causing harm downwind relevant clean air act caa act directs epa establish national ambient air quality standards naaqs pollutants levels protect public health epa settles naaqs agency must designate nonattainment areas locations concentration regulated pollutant exceeds naaqs state must submit state implementation plan sip epa within three years new revised naaqs date epa determines state sip inadequate agency two years promulgate federal implementation plan fip among components caa mandates sip compliance good neighbor provision requires sips contain adequate provisions prohibiting source type emissions activity within state emitting air pollutant amounts contribute significantly nonattainment interfere maintenance state respect naaqs several times past two decades epa attempted delineate good neighbor provision scope identifying upwind contribute significantly nonattainment downwind circuit found fault agency attempt clean air interstate rule cair regulated nitrogen oxide nox sulfur dioxide emissions gasses issue circuit nevertheless left cair temporarily place encouraging epa act dispatch dealing problems identified epa response decision air pollution rule transport rule curbs nox emissions upwind achieve downwind attainment three naaqs transport rule upwind state contribute significantly downwind nonattainment extent exported pollution produced one percent naaqs least one downwind state eliminated determined epa upwind obliged eliminate emissions meeting criteria complex modeling epa created annual emissions budget regulated state upwind representing total quantity pollution upwind state produce given year transport rule earlier determined regulated state sip inadequate epa contemporaneous transport rule promulgated fips allocating state emissions budgets among pollution sources group state local governments state respondents joined industry labor groups industry respondents petitioned review transport rule circuit vacated rule entirety holding epa actions exceeded agency statutory authority two respects acknowledging epa fip authority generally triggered agency disapproves sip nevertheless concerned incapable fulfilling good neighbor provision without prior epa guidance thus concluded epa must give reasonable opportunity allocate emission budgets issuing fips also found agency interpretation good neighbor provision unreasonable concluding epa must disregard costs consider exclusively upwind state physically proportionate responsibility air quality problems downwind held caa command given second opportunity file sip epa quantified state interstate pollution obligations pp state respondents challenge epa disapproval particular sip instead argue notwithstanding disapprovals agency still obliged grant upwind anadditional opportunity promulgate adequate sips epa set state emission budget claim turn validity prior sip disapprovals whether caa requires epa disapprove sip trigger agency authority issue fip pp caa plain text supports agency disapproval sip without triggers epa obligation issue fip statute sets precise deadlines epa epa issues new revised naaqs state shall propose sip within three years sip shall include inter alia provisions adequate satisfy good neighbor provision epa finds sip inadequate agency statutory duty issue fip time within two years however sensible circuit exception strict time prescription may reviewing task apply text statute improve upon pavelic leflore marvel entertainment group div cadence industries nothing act differentiates good neighbor provision several matters state must address sip act condition duty promulgate fip epa first quantified upwind state good neighbor obligations altering congress sip fip schedule circuit allowed delay congress order placed information submission obligation epa congress impose pp fact epa previously accorded upwind chance allocate emission budgets among sources show agency acted arbitrarily refraining epa retained discretion alter course provided gave reasonable explanation motor vehicle mfrs assn state farm mut automobile ins agency admonished circuit act dispatch amending replacing cair endeavoring satisfy directive epa acted speedily issuing fips transport rule contemporaneously pp epa allocation emission reductions among upwind permissible workable equitable interpretation good neighbor provision pp respondents attack epa interpretation good neighbor provision foreclosed provides nly objection rule raised reasonable specificity period public comment may raised judicial review even assuming respondents failed object transport rule reasonable specificity lapse jurisdictional section mandatory jurisdictional rule see arbaugh speaks party procedural obligations authority see kontrick ryan epa press argument unequivocally circuit pose impassable hindrance review pp routinely accords dispositive effect agency reasonable interpretation ambiguous statutory language good neighbor provision delegates authority epa least certainly caa provisions involved chevron natural resources defense council epa authority reduce upwind pollution extends amounts pollution contribute significantly nonattainment downwind downwind state excess pollution often caused multiple upwind however epa must address allocate responsibility among multiple contributors good neighbor provision dictate method apportionment nothing provision example directs proportional allocation method advanced circuit method works neither mathematically practical application chevron congress silence effectively delegates authority epa select among reasonable options see mead epa chosen allocation method permissible construction statute chevron agency tasked choosing among equal amounts eliminate chosen sensibly reduce amount easier less costly eradicate industry respondents argue final calculation rely costs nothing good neighbor provision text precludes choice using costs transport rule calculus efficient equitable solution allocation problem good neighbor provision compels agency address efficient epa achieve levels attainment emission reductions proportional approach aims achieve much lower overall cost equitable imposing uniform cost thresholds regulated epa rule subjects stricter regulation done less past control pollution pp wholesale invalidation transport rule justified either circuit remaining objections transport rule leaves open possibility state might compelled reduce emissions beyond point every affected downwind state attainment epa use costs foreclose possibility upwind state required reduce emissions muchthat state placed mark epa set initial threshold significan ce first instances particular downwind locations may incidental reductions necessary ensure attainment elsewhere good neighbor provision seeks attainment every downwind state however exceeding attainment one state rank unless unnecessary achieving attainment downwind state second epa must leeway fulfilling statutory mandate balance possibilities maximize achievement attainment downwind finally voluminous record involving thousands linkages respondents point instances unnecessary emission reductions even contested epa pp reversed remanded ginsburg delivered opinion roberts kennedy breyer sotomayor kagan joined scalia filed dissenting opinion thomas joined alito took part consideration decision cases opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos et al et al et et al writs certiorari appeals district columbia circuit april justice ginsburg delivered opinion cases concern efforts congress environmental protection agency epa agency cope complex problem air pollution emitted one state causing harm left unregulated emitting upwind state reaps benefits economic activity causing pollution without bearing costs see revesz federalism interstate environmental externalities rev conversely downwind pollution travels unable achieve clean air influx pollution lack authority control see tackle problem congress included good neighbor provision clean air act act caa provision current phrasing instructs prohibit sources emitting air pollutant amounts contribute significantly downwind nonattainment interfere maintenance national air quality standard interpreting good neighbor provision epa adopted air pollution rule commonly hereinafter called transport rule rule calls consideration costs among factors determining emission reductions upwind state must make improve air quality polluted downwind areas appeals circuit vacated rule entirety held good neighbor provision requires epa consider upwind state physically proportionate responsibility downwind state air quality problem reading demanded according circuit state required decrease emissions ratable share pollution chevron natural resources defense council reversed circuit decision failed accord deference epa reasonable interpretation ambiguous clean air act provision satisfied good neighbor provision command appeals construction epa reasonably interpreted provision reverse circuit judgment air pollution transient heedless state boundaries pollutants generated upwind sources often transported air currents sometimes hundreds miles downwind pollution travels state upwind relieved associated costs costs borne instead downwind whose ability achieve maintain satisfactory air quality hampered steady stream infiltrating pollution several reasons curtailing interstate air pollution poses complex challenge environmental regulators first identifying upwind origin downwind air pollution easy endeavor upwind propel pollutants one downwind state many downwind receive pollution multiple upwind qualify upwind downwind see brief federal petitioners overlapping interwoven linkages upwind downwind epa contend number complicating problem pollutants emerge smokestacks upwind state uniformly migrate downwind pollutants stay within upwind borders wind carries others downwind subset group drifts without air quality problems wind bloweth listeth thou hearest sound thereof canst tell whence cometh whither goeth holy bible john king james version crafting solution problem interstate air pollution regulators must account vagaries wind finally upwind pollutants find way downwind left unaltered journey rather gases emitted upwind polluters carried downwind transformed various chemical processes altogether different pollutants offending gases issue cases nitrogen oxide nox sulfur dioxide often develop ozone fine particulate matter time reach atmospheres downwind see fed reg see also fed reg describing components ozone downwind air quality must therefore measured ozone concentrations epa chore quantify amount upwind gases nox must reduced enable downwind keep levels ozone check past years congress addressed interstate air pollution several times increasing rigor congress directed federal authorities encourage cooperative activities local governments prevention control air pollution stat congress made instruction concrete introducing features still key act first time congress directed epa establish national ambient air quality standards naaqs pollutants levels protect public health see stat amended epa settles naaqs act requires agency designate nonattainment areas locations concentration regulated pollutant exceeds naaqs act shifts burden propose plans adequate compliance naaqs state must submit state implementation plan sip epa within three years new revised naaqs epa determines state failed submit adequate sip either whole part act requires agency promulgate federal implementation plan fip within two years epa unless state corrects deficiency fip issued act lists matters sip must cover among sip components version act required sips include adequate provisions intergovernmental cooperation concerning interstate air pollution stat statutory requirement text altered time come called good neighbor provision congress amended good neighbor provision require cooperation directed submit sips included provisions adequate prohibi stationary source within state emitting air pollutant amounts prevent attainment maintenance air quality standards state stat supp ii amended provision thus explicitly instructed upwind reduce emissions account pollution exported beyond borders written however provision regulated individual sources considered alone emitted enough pollution cause nonattainment downwind state often impossible say single source group sources one actually prevents attainment downwind version good neighbor provision proved ineffective see ibid noting provision inability curb collective emissions multiple sources congress recently amended good neighbor provision statute current form requires sips contain adequate provisions prohibiting source type emissions activity within state emitting air pollutant amounts contribute significantly nonattainment interfere maintenance state respect naaqs controversy us centers epa recent attempt construe provision three times past two decades epa attempted delineate good neighbor provision scope identifying upwind contribute significantly nonattainment downwind epa issued rule known nox sip call regulation limited nox emissions upwind extent emissions contributed nonattainment ozone standards downwind see fed reg michigan epa circuit upheld nox sip call specifically affirming epa use costs determine upwind state contribution significan within meaning statute epa issued clean air interstate rule cair fed reg cair regulated nox emissions insofar emissions contributed downwind nonattainment two naaqs set one concerning permissible annual measure another capping average ozone level gauged period see circuit initially vacated cair arbitrary capricious see north carolina epa per curiam rehearing decided leave rule place encouraging epa act dispatch dealing problems identified see north carolina epa per curiam rule challenged transport rule epa response circuit north carolina decision finalized august transport rule curtails nox emissions upwind achieve downwind attainment three different naaqs two naaqs previously addressed cair naaqs levels measured daily basis see fed reg transport rule epa employed approach determine upwind contribute significantly nonattainment therefore amounts eliminated step one called screening analysis agency excluded de minimis upwind state contributed less one percent three downwind state receptor location epa measures air quality see upwind state contributions fell threshold state considered contribute significantly nonattainment downwind state category screened exempted regulation rule remaining subjected second inquiry epa called control analysis stage agency sought generate allocation emission reductions among upwind screened step one control analysis proceeded way epa first calculated upwind state quantity emissions state eliminate several cost thresholds see cost purposes measured cost per ton emissions prevented instance installing scrubbers powerplant epa estimated example amount upwind state nox emissions fall pollution sources within state employed every control measure available cost per ton less see agency repeated analysis ascending cost thresholds see armed information epa conducted complex modeling establish combined effect upwind reductions projected cost threshold air quality downwind see agency identified significant cost threshold points model noticeable change occurred downwind air quality large upwind emission reductions become available certain type emissions control strategy becomes ibid example reductions nox sufficient resolve significantly curb downwind air quality problems achieved epa determined cost threshold per ton applied uniformly regulated upwind moving beyond cost threshold epa concluded result minimal additional reductions emissions finally epa translated cost thresholds amounts emissions upwind required eliminate regulated upwind state epa created annual emissions budget budgets represented quantity pollution upwind state produce given year sources implemented pollution controls available chosen cost thresholds see epa projected improvements downwind air quality realized upwind state emissions exceed level budget allocated subject certain adjustments relevant taken together screening control inquiries defined epa understanding upwind emissions within good neighbor provision ambit short transport rule upwind state contribute significantly downwind nonattainment extent exported pollution produced one percent naaqs least one downwind state step one eliminated determined epa step two see upwind obliged eliminate emissions meeting state regulated transport rule epa contemporaneously promulgated fip allocating state emission budget among sources see epa determined state failed submit sip adequate compliance good neighbor provision determinations regarding sips became final days see supp many went epa views sip determinations triggered statutory obligation promulgate fip within two years see view contested respondents see part ii infra group state local governments state respondents joined industry labor groups industry respondents petitioned review transport rule appeals circuit dissent judge rogers appeals vacated rule entirety see epa actions appeals held exceeded agency statutory authority two respects promulgating fips giving meaningful opportunity adopt implementation plans epa view upset caa division responsibility federal government main appeals acknowledged epa fip authority triggered moment agency disapproves sip see thus state proposes sip inadequate achieve naaqs epa promulgate fip immediately disapproving sip see appeals ruled different regime applies state failure meet obligations good neighbor provision naaqs clear numerical target state good neighbor obligation remained nebulous unknown observed epa calculated state emission budget ibid without budgets appeals said upwind compelled take stab dark calculating significant contribution interstate air pollution circuit read act avoid putting position epa implicit statutory duty held give upwind reasonable opportunity allocate emission budgets among sources agency authority issue fips triggered circuit also held agency interpretation good neighbor provision ignored three red lines cabin ing epa authority first circuit interpreted good neighbor provision require upwind reduce emissions manner proportional contributio pollution downwind transport rule however treated regulated upwind alike regardless relative contribution overall problem see required upwind screened step one reduce emissions accord uniform cost thresholds set step two control analysis imposing uniform cost thresholds appeals observed force upwind reduce emissions fair share according appeals epa also failed ensure transport rule mandate reduce pollution unnecessarily good neighbor provision circuit noted targets emissions upwind significantly naaqs downwind pollution reduction beyond goal unnecessary outside purview agency statutory mandate ibid emission budgets calculated reference cost alone concluded epa done nothing guard even measure potentially imposed transport rule see ibid finally deciding screening analysis upwind contributions threshold insignificant epa established floor agency authority act see pointing rule reliance costs appeals held epa failed ensure upwind forced reduce emissions threshold see ibid dissent judge rogers criticized majority deciding two questions view properly see first addressed majority insistence fips abide state opportunity allocate emission budget among sources regarded respondents plea effect untimely attack epa previous sip disapprovals see second judge rogers assessment respondents failed raise substantive objections transport rule specificity necessary preserve review see merits judge rogers found nothing act require even suggest epa must quantify state good neighbor obligations promulgated fip see also disagreed conclusion transport rule unreasonably interpreted act see granted certiorari decide whether circuit accurately construed limits caa places epa authority see ii epa calculated emission budgets circuit held agency must give upwind opportunity propose sips allocating budgets among sources issuing fip state respondents put fip allocating state emission budget must issue epa quantified obligations emission budget given reasonable opportunity meet obligations sips brief state respondents reaching merits argument first reject epa threshold objection claim untimely according agency argument circuit opinion accepting rank improper collateral attacks epa prior sip disapprovals earlier recounted see supra epa time issued transport rule determined regulated upwind state failed submit sip adequate satisfy good neighbor provision many determinations unchallenged became final days see petitions issue filed epa argues question exercise agency fip authority without subjecting final sip disapprovals untimely review disagree gravamen state respondents challenge epa disapproval particular sip erroneous rather respondents urge notwithstanding disapprovals agency obliged grant upwind state second opportunity adequate sips epa set state emission budget claim depend validity prior sip disapprovals even assuming legitimacy disapprovals question remains whether epa required disapprove sip state respondents urge trigger agency statutory authority issue turning merits hold text statute supports epa position earlier noted see supra caa sets series precise deadlines epa must adhere epa issues new revised naaqs state three years adopt sip adequate compliance act requirements see among requirements act mandate sips shall include provisions sufficient satisfy good neighbor provision epa determines sip inadequate agency mandate replace fip less absolute epa shall promulgate fip time within years agency finds state failed make required submission finds plan plan revision submitted state satisfy minimum relevant criteria disapproves sip whole part unless state corrects deficiency epa approves plan plan revision agency promulgates fip words epa found sip inadequate agency statutory duty issue fip time within two years unless state first corrects deficiency one contends occurred circuit however found unwritten exception strict time prescription sips aimed implementing good neighbor provision expecting one state develop comprehensive solution collective problem interstate air pollution without first receiving epa guidance appeals assessment set ting fail circuit therefore required epa promulgating state emission budget give state reasonable period time propose sips implementing budget see however sensible appeals reviewing task apply text statute improve upon pavelic leflore marvel entertainment group div cadence industries nothing act good neighbor provision several matters state must address sip rather statute speaks without reservation naaqs issued state shall propose sip within three years sip shall include among components provisions adequate satisfy good neighbor provision act condition duty promulgate fip epa first quantified upwind state good neighbor obligations judge rogers observed dissent circuit decision act require epa furnish upwind information kind good neighbor obligations fip issues see instead sip failure satisfy good neighbor provision without triggers epa obligation issue federal plan within two years epa disapproved sip agency wait two years issue fip time state correc deficiency ibid epa obliged wait two years postpone action even single day act empowers agency promulgate fip time within limit ibid carving exception act precise deadlines circuit rewrites statute whose plain text structure establish clear chronology federal state responsibilities rogers dissenting practical difficulties cited appeals justify departure act plain text see barnhart sigmon coal must presume legislature says statute means means statute says internal quotation marks omitted congress elected make epa input prerequisite state action act expressly developing vehicle inspection maintenance programs caa example must await epa guidance issuing sips state obligation adopt sip moreover arises epa first set naaqs state must meet congress intended similarly defer discharge obligations good neighbor provision congress take included similar direction section see jama immigration customs enforcement lightly assume congress omitted adopted text requirements nonetheless intends apply reluctance even greater congress shown elsewhere statute knows make requirement short nothing statute places epa obligation provide specific metrics undertake fulfill good neighbor obligations altering schedule congress provided sips fips circuit stretched process allowed delay congress order placed information submission obligation epa congress impose circuit hold warrant thus revise caa prescriptions oral argument state respondents emphasized epa previous decisions nox sip call cair quantify emission reductions required upwind window propose sip closed see tr oral arg view failing accord similar grace period issuing emission budgets epa acted arbitrarily see ibid whatever pattern agency followed nox sip call cair proceedings epa retained discretion alter course provided gave reasonable explanation motor vehicle mfrs assn state farm mut automobile ins agency presented explanation transport rule noted see supra circuit north carolina decision admonished epa act dispatch amending replacing cair transport rule predecessor see warning epa stay decision vacate cair persist indefinite ly given north carolina stress expeditious action cure infirmities identified cair epa thought appropriate establish lengthy transition period entailed allowing time propose new amended sips implementing transport rule emission budgets see fed reg citing north carolina endeavoring satisfy circuit directive epa acted speedily issuing fips contemporaneously transport rule light firm deadlines imposed act hold circuit lacked authority alter condemn epa decision arbitrary iii circuit also held transport rule interpretation good neighbor provision conflicts act addressing holding take jurisdictional objection raised epa caa directs nly objection rule raised reasonable specificity period public comment may raised judicial review respondents failed state objections transport rule comment period specificity required preservation epa argues see brief federal petitioners failure administrative level epa urges forecloses judicial review assuming without deciding respondents meet act reasonable specificity requirement comment period regard lapse jurisdictional cautioned profligate use label jurisdictional sebelius auburn regional medical center slip rule may mandatory yet jurisdictional explained see arbaugh section hold character speak authority party procedural obligations see kontrick ryan epa pursued reasonable specificity argument vigorously circuit obligated address merits argument see gonzalez thaler slip epa press argument unequivocally circuit indicated reasonable specificity prescription might bar judicial review brief respondent epa et al cadc see also therefore count prescription impassable hindrance adjudication respondents attack epa interpretation transport rule turn attack mindful importance issues respondents raise ongoing implementation good neighbor provision routinely accord dispositive effect agency reasonable interpretation ambiguous statutory language chevron natural resources defense council pathmarking decision bears notable resemblance cases us chevron concerned epa definition term source used amendments caa amendments placed additional restrictions companies liberty add new pollution sources factories see although source might interpreted refer individual smokestack epa construed term refer entire plant thereby treat ing devices within plant though encased within single ibid agency interpretation new device subject plant additional restrictions alteration increase total emissions produced plant ibid held epa interpretation source reasonable construction ambiguous statutory term congress directly addressed precise interpretative question issue cautioned reviewing simply impose construction statute rather agency charged filling gap left open ambiguity full understanding force statutory policy depend upon ordinary situation administering agency construction accorded controlling weight unless arbitrary capricious manifestly contrary statute quoting shimer determining none terms fit epa interpretation source deferred agency judgment conclude good neighbor provision delegates authority epa least certainly caa provisions involved chevron statute requires eliminate amounts pollution contribute significantly nonattainment downwind emphasis added thus epa reduce upwind pollution amounts push downwind state pollution concentrations relevant naaqs noted earlier however nonattainment downwind results collective interwoven contributions multiple upwind see supra statute therefore calls upon agency address thorny causation problem epa allocate among multiple contributing upwind responsibility downwind state excess pollution simplified example illustrates puzzle epa faced suppose agency sets naaqs respect particular pollutant parts per billion ppb level pollutant atmosphere downwind state ppb suppose epa determined three upwind contributes equivalent ppb relevant pollutant state airspace good neighbor provision observed prohibits upwind emissions contribute significantly downwind nonattainment epa authority provision therefore limited eliminating total overage caused collective contribution epa divide responsibility among three agency allocate reductions proportionally ppb per capita basis basis cost abatement metric see brief federal petitioners noting epa consideration different approaches good neighbor provision answer question epa cf chevron language caa simply compel given interpretation term chevron read congress silence delegation authority epa select among reasonable options see mead yet appeals believed act speaks clearly requiring epa allocate responsibility reducing emissions manner proportional state contributio problem nothing text good neighbor provision propels epa path understandably epa notes circuit proportionality approach scarcely satisfied practice see app etc cadc hile possible determine emission reduction percentage single downwind receptor upwind contribute multiple downwind receptors multiple different reduction percentage illustrate consider variation example set imagine contribute air pollution state ratio one five state contributes five times amount pollution state state state downwind state two upwind contributed circuit proportionality requirement easy meet epa require state reduce emissions five times amount demanded state realities interstate air pollution however simple upwind contribute pollution multiple downwind varying amounts see fed reg see also brief respondent calpine et al support petitioners offering examples suppose also contribute pollutants second downwind state state time ratio seven one though state contributed relatively larger share pollution state respect state state greater offender following proportionality approach respect state demand state reduce emissions seven times much state recall however state hypothesized effect five times large reduction respect state appeals proportionality edict respect state state appears work neither mathematically practical application proportionality one state achieve proportionality others quite opposite generally true upwind contribute pollution two downwind receptors proportionality becomes elusive neither circuit respondents face problem dissent part strains give meaning circuit proportionality constraint applied world multiple upwind contribute emissions multiple downwind locations dissent view upwind must eliminate emissions whatever minimum amount reduces share overage every one downwind linked see post practical terms means upwind state required reduce emissions amount necessary eliminate state largest downwind contribution dissent formulation however account combined cumulative effect upwind state reductions attainment multiple downwind locations see ibid approach state required eliminate emissions pollutant whatever minimum amount reduces state level unit state unit emphasis added result costly overregulation unnecessary indeed conflict good neighbor provision goal response dissent asserts epa simply required make allowance overregulation caused approach post criterion epa employ determine make allowance much dissent admits multiple ways epa might answer questions ibid proportionality one ways approach led overregulation first place nonproportional approach play role setting final allocation reduction obligations hardly apparent epa free depart proportionality back end outset persuaded good neighbor provision dictate particular allocation emissions among contributing advanced circuit must next decide whether allocation method chosen epa permissible construction statute chevron epa interprets statute upwind emissions rank amounts contribute significantly nonattainment constitute one percent relevant naaqs nonattaining downwind state eliminated cost threshold set agency see fed reg words identify emissions eliminated epa considered magnitude upwind contributions cost associated eliminating industry respondents argue however epa ultimately divides responsibility among upwind final calculation rely costs good neighbor provision respondents dissent emphasize requires state prohibit air pollution emitted within state significantly another state nonattaintment brief industry respondents emphasis added see also post cost preventing emissions urge wholly unrelated actual amoun air pollution upwind state contributes brief industry respondents transport rule considers costs respondents argue contribute identical may deemed epa made substantially different contributions explained see supra agency avoid task choosing among equal amounts eliminate agency chosen sensibly view reduce amount easier less costly eradicate nothing text good neighbor provision precludes choice using costs transport rule calculus agree epa also makes good sense eliminating amounts reduced efficient equitable solution allocation problem good neighbor provision requires agency address efficient epa achieve levels attainment emission reductions proportional approach aims achieve much lower overall cost imposing uniform cost thresholds regulated epa rule subjects stricter regulation done relatively less past control pollution upwind yet implemented pollution controls stringency neighbors stopped free riding neighbors efforts reduce pollution bring emissions installing devices kind neighboring already invested suppose example industries upwind state expended considerable resources installing modern devices plants factories upwind state contrast continue run old dirty plants yet perhaps state populous therefore generates larger sum pollution overall two emissions equal effects downwind attainment state state required eliminate emissions proportionally equally sources state compelled spend far per ton reductions already utilized lower cost pollution controls state sources also achieve greater reductions required made reductions first place state words tolled done reduce pollution epa allocation avoids anomalies obligated require elimination amounts pollutants contribute nonattainment naaqs downwind epa must decide differentiate among otherwise like contributions multiple upwind epa found decisive difficulty eliminating amount cost incurred lacking dispositive statutory instruction guide epa decision conclude reasonable way filling gap left open congress chevron circuit stated two objections epa method defining upwind state contribution state screened step one epa analysis emission budget calculated solely reference uniform cost thresholds agency selected step two transport rule thus left open possibility state might compelled reduce emissions beyond point every affected downwind state attainment phenomenon appeals termed see supra second epa focus costs foreclose circuit accurately observed possibility upwind state required reduce emissions much state longer contributed one relevant naaqs downwind state place state mark epa set screening phase initial threshold significan ce see agree appeals extent epa require state reduce output pollution necessary achieve attainment every downwind state odds threshold agency set epa requires upwind state reduce emissions amount necessary achieve attainment every downwind state linked agency overstepped authority good neighbor provision eliminate amounts contribute nonattainment epa demand reductions drive upwind state contribution every downwind state linked one percent relevant naaqs counter step one agency interpretation good neighbor provision see fed reg tates whose contributions th thresholds significantly contribute nonattainment relevant neither possibility however justifies wholesale invalidation transport rule first instances particular downwind locations circuit acknowledged see may incidental reductions necessary ensure attainment elsewhere individual upwind often contribute significantly nonattainment multiple downwind locations emissions reduction required bring one linked downwind state attainment may well large enough push linked downwind attainment good neighbor provision seeks attainment every downwind state however exceeding attainment one state rank unless unnecessary achieving attainment downwind state reductions unnecessary downwind attainment anywhere fall outside agency statutory second epa statutory duty avoid agency also statutory obligation avoid maximize achievement attainment downwind reasons earlier explained see supra degree imprecision inevitable tackling problem interstate air pollution slight changes wind patterns energy consumption example may vary downwind air quality ways epa might anticipated good neighbor provision requires epa seek downwind attainment naaqs notwithstanding uncertainties hence amount emission budgets turn demanding necessary surprising required balance possibilities epa must leeway fulfilling statutory mandate finally voluminous record involving thousands linkages respondents point instances unnecessary emission reductions even contested epa compare brief industry respondents reply brief federal petitioners epa part offers data contested respondents purporting show upwind required limit emissions threshold significance compare brief federal petitioners brief industry respondents upwind state concludes forced regulate emissions threshold beyond point necessary bring downwind attainment state may bring particularized challenge transport rule along challenges may cf babbitt sweet home chapter communities great approving agency reasonable interpretation statute despite possibility improper applications american hospital assn nlrb rejecting facial challenge national labor relations board rule despite possible arbitrary applications satisfied epa methodology face arbitrary capricious manifestly contrary statute chevron uphold transport rule possibility rule uncommon particular applications might exceed epa statutory authority warrant judicial condemnation rule entirety sum hold caa command given second opportunity file sip epa quantified state interstate pollution obligations conclude good neighbor provision require epa disregard costs consider exclusively upwind state physically proportionate responsibility downwind air quality problem epa allocation emission reductions among upwind hold permissible workable equitable interpretation good neighbor provision reasons stated judgment appeals circuit reversed cases remanded proceedings consistent opinion ordered justice alito took part consideration decision cases scalia dissenting nos et al et al et et al writs certiorari appeals district columbia circuit april justice scalia justice thomas joins dissenting many important decisions federal government made nowadays unelected agency officials exercising broad lawmaking authority rather people representatives congress statute involved present cases however congress right specified quite precisely responsibility upwind state good neighbor provision eliminate amounts pollutants contributes downwind problem areas environmental protection agency unsatisfied system agency personnel perhaps correctly thought efficient require reductions proportion amounts pollutants upwind state responsible basis decrease emissions today majority approves undemocratic revision clean air act agency came forward textual justification action relying farfetched meaning word significantly statutory text justification feeble today majority even recite much less defend majority reaches result look hands without benefit text claiming identified remarkable gap statute proceeds fill contrary plain logic statute analysis pretended textual justification simply extends analysis beyond scope alleged gap additionally majority relieves epa obligation announce novel interpretations good neighbor provision must submit plans required comply interpretations according primacy deciding attain governing standards clean air act pregnant obligation agency set standards expected achieve majority nonetheless approves epa promulgation federal plans implementing benchmarks conceivably met benchmarks affirm judgment circuit epa violated law crafting transport rule implementing transport rule axiomatic administrative agency power promulgate legislative regulations limited authority delegated congress bowen georgetown univ hospital yet today majority treats text clean air act source ceiling epa authority regulate interstate air pollution rather difficulty overcome pursuit agency responsibility craf solution problem interstate air pollution ante reality congress crafted solution good neighbor provision requires state eliminate whatever amounts air pollutant contribute significantly nonattainment interfere maintenance national ambient standards naaqs statute addresses solely environmental consequences emissions facility reducing requires shoulder burdens proportion size contributions proportion ease bearing epa utterly fanciful according ability construction sacrifices democratically adopted text bureaucratically favored policy deserves deference chevron natural resources defense council alleged textual support significantly government argument asserted textual support approach adopted epa transport rule ambiguity word significantly statutory requirement state eliminate amounts pollutants contribute significantly nonattainment downwind emphasis added described government briefing term ambiguous epa may permissibly determine amount state contribution reference amount emissions reductions achievable application highly controls reply brief federal petitioners emphasis added internal quotation marks omitted government stated oral argument terms language significantly epa reasonably construed term include component difficulty achievement cost common parlance might say dunking basketball significant achievement somebody feet somebody feet tr oral arg emphasis added course statute focus whether upwind state achieved significantly asks whether state contributed significantly downwind pollution provision addresses physical effects physical causes magnitude relationship sufficient trigger regulation admits vagueness stated differently statute ambiguous much contribution downwind pollution significant ambiguous whether factors unrelated amounts pollutants make contribution affect analysis matter whether word ambiguous agency interpreted mean home concrete supply llc scalia concurring part concurring judgment slip matter whether phrase amounts contribute significantly downwind naaqs nonattainment ambiguous epa interpreted mean amounts inexpensive eliminate extraordinary congress use single word significantly transmogrify statute assigns responsibility basis amounts pollutants emitted statute authorizing epa reduce interstate pollution manner believes efficient repeatedly said congress alter fundamental details regulatory scheme vague terms ancillary provisions one might say hide elephants mouseholes whitman american trucking citing mci telecommunications american telephone telegraph fda brown williamson tobacco statute history demonstrates significantly code feel free consider compliance costs previous version good neighbor provision required state prohibit emissions prevent attainment maintenance state naaqs stat emphasis added evident current reformulation targeting air pollutant amounts contribute significantly nonattainment interfere maintenance state respect naaqs meant simply eliminate implication polluting state rather merely contributing cause downwind nonattainment maintenance problem allow cost concerns creep back door another respect also epa reliance upon word significantly plainly mistaken good neighbor provision targets elimination emissions contribute significantly nonattainment naaqs state also interfere maintenance naaqs state significantly absent latter phrase epa provide textual justification conclusion amounts pollutant travel downwind single area state emissions said interfere maintenance naaqs cheaper eliminate yet epa proposes use according ability approach nonattainment areas maintenance areas credit majority allude much less try defend government significantly argument serious downside significantly called service counter criterion responsibility plainly provided statute text amounts pollutants contributed downwind problem areas see brief federal petitioners forsworn reliance significantly convert responsibility amounts pollutants responsibility easy reduction pollutants majority impaled upon statutory text alleged gap fill void created abandonment epa significantly argument majority identifies gap text epa must fill text says upwind state must responsible contribution downwind pollution say responsibility divided among multiple total combined contribution downwind pollution particular area exceeds reduction relevant naaqs requires example given majority ante three upwind contributes units pollutant downwind state reduction required state comply naaqs units responsibility units apportioned wow hard one almost equivalent asking buried grant tomb criterion responsibility amounts pollutants surely shared responsibility must based upon relative amounts pollutants majority example units state statute makes sense otherwise good neighbor provision contains gap blind obvious order pursue preferred policy majority bring analysis fill gap really exist filled gap extends principle situations beyond imaginary gap situations apportionment required even upwind state contributes pollutants single downwind state annual emissions budget based upon amounts pollutants contributes upon pollution controls available chosen cost thresholds ante epa justification implausible notion significantly imports cost concerns provision majority abandoned absurdity left deal situation defense even imaginary gap statutory text majority criticisms proportional reduction impossibility majority contends approach scarcely satisfied practice appears work neither mathematically practical application ante essence approach impossible application true know legal authority democratic principle derive consequence epa rewrite statute rather consequence statute inoperative sometimes statutes rule canon interpretation make effective applicable situations fact purport govern cases statute must simply fail pound jurisprudence omitted words impossibility argument independent force relevant majority textual interpretation permissible event argument wrong impossibility theorem rests upon following scenario imagine contribute air pollution state ratio one five ante suppose also contribute pollutants second downwind state state time ratio seven one ibid majority concludes appeals proportionality edict respect state state appears work neither mathematically practical application ibid majority model relies two faulty premises one oversimplification misapprehension first majority formulation suggests epa measures comparative downwind drift pollutants proportions reality however epa assesses quantities physical units proportions majority illustration ratio describing relative contributions state pollution might mean example responsible unit pollutant naaqs responsible unit second example assuming ratio underlying state contributions state pollution might mean state supplies unit pollutant naaqs state unit approach state required eliminate emissions pollutant whatever minimum amount reduces state level unit state unit state turn required curtail emissions whatever minimum amount decreases state measure unit state unit majority objects reductions state must make help bring state compliance may necessary help bring state compliance resulting respect see ante objection discloses second flaw impossibility theorem echoing epa see brief federal petitioners majority believes circuit interpretation good neighbor provision forbids respect even single downwind receptor way approach deemed work neither mathematically practical application face ante premise incorrect although circuit simplified examples might support conclusion opinion explicitly acknowledged complexity conditions demands contrary sure may truly unavoidable downwind occurs byproduct necessity reducing upwind emissions enough meet naaqs downwind moreover majority recognizes good neighbor provision categorically prohibit good neighbor provision seeks attainment every downwind state exceeding attainment one state rank unless unnecessary achieving attainment downwind state ante majority apparently fails appreciate cleared potential point confusion nothing stands way approach majority relies epa document preceding transport rule establish agency supposed belief approach scarcely satisfied practice ante document says thing rather shows agency rejected air methodology impossible application failed account costs see app etc cadc pp document labels technical difficulty impossibility fact upwind contribute multiple downwind receptors multiple different reduction percentage one clean air act full technical difficulties one overcome requiring state make greatest reduction necessary respect downwind area apparently conceding approach may impossible application majority alternatively asserts cause costly overregulation unnecessary indeed conflict good neighbor provision goal attainment ante assertion massive overregulation assumes vast number downwind accidental beneficiaries collateral pollution reductions nontargeted reductions occur consequence required reductions targeted neighboring downwind collateral pollution reduction opposite collateral damage speak majority contends collateral pollution reductions enjoyed downwind state cause required upwind reductions actually targeting state exceed level necessary assure attainment maintenance thus producing unnecessary reason believe problem extensive thus costly majority alleges majority provides none never mind suffices say likely occur required reductions apportioned among upwind basis amounts pollutants contributed apportioned basis cost conceivable reason bear brunt majority epa approach less likely bear brunt statute approach indeed epa never attempted establish transport rule produce gross see causes problem manner apportioning required reductions composite volume required reductions downwind state majority approach reduces admittedly entirely eliminate epa applies principle determining proportions required reductions upwind state must bear determining volume required reductions see supra case solution system difficult discern calculating responsibilities epa simply required make allowance called collateral pollution reductions agency set upwind obligations levels taking account reductions suffice produce attainment downwind doubtless multiple ways agency accomplish task accordance statute proportional majority invokes unexplained device prevent uncommon particular applications scheme ante whatever device serve well prevent approach outlined fully acknowledge approach demand complicated computations one upwind state linked multiple downwind vice versa confident however epa skilled adhere statute quantitative rather efficiency mandate crafting quantitative solutions indeed calculations performed desk whereas according ability approach requires unwieldy field examination many sources many sorts equipment plus ça change epa continuing quest authority majority agrees epa assessment sing costs transport rule calculus makes good sense ante opinion declares liminating amounts reduced efficient equitable solution allocation problem good neighbor provision requires agency address ibid efficient probably equitable perhaps perhaps see brief industry respondents point whether efficiency dominant subordinate role epa determine first time epa sought convert clean air act mandate regulation whitman american trucking confronted epa contention consider costs setting naaqs provision issue like one expressly bar decisionmaking unlike one even contained words arguably ambiguous relevant respect specifically instructed epa set primary naaqs attainment maintenance requisite protect public health adequate margin safety one hardly overstate capaciousness word adequate phrase public health least equally susceptible indeed much susceptible permitting analysis word significantly respondents american trucking argued setting naaqs without considering costs may bring failing industries fewer jobs turn may produce poorer less healthy citizens see concluded context entire provision interpretation de sense ibid quoted earlier said congress alter fundamental details regulatory scheme vague terms ancillary provisions hide elephants mouseholes american trucking refused find implicit ambiguous sections clear air act authorization consider costs elsewhere often expressly granted citing tradition dating back union elec epa indeed numerous clean air act provisions explicitly permitting costs taken account see american trucking thus demanded textual commitment authority epa consider costs hurdle good neighbor provision comes nowhere close clearing today opinion turns back upon case incompatible ii imposition federal implementation plans circuit vacated transport rule additional reason epa took reins allocating emissions budgets among sources federal implementation plans fips without first providing meaningful opportunity perform task state implementation plans sips majority rejects ruling ground act require epa furnish upwind information kind good neighbor obligations fip issues ante othing statute majority says places epa obligation provide specific metrics undertake fulfill good neighbor obligations ante remarkably expansive reasoning makes hash clean air act transforming program based cooperative federalism one centralized federal control nothing good neighbor provision suggests stark departure act fundamental structure implications state regulatory primacy core clean air act sets forth regulatory strategy act begins declaring air pollution prevention reduction elimination measures amount pollutants produced created source air pollution control source primary responsibility local governments emphasis added state primacy permeates title addresses promulgation implementation naaqs particular epa must promulgate naaqs pollutant criteria issued pursuant section turn requires state usually within three years new revised naaqs submit sip providing implementation maintenance enforcement epa may step take responsibility state discharges inadequately specifically agency finds state failed make required complete submission disapproves sip shall promulgate fip time within years unless state corrects deficiency epa approves sip sip revision describe effect statutory scheme simple terms epa sets numerical benchmarks congress plainly left power determine sources burdened regulation extent union elec present chosen means achieving epa benchmarks sips sip fails meet goals may agency commandeer state authority promulgating fip long ultimate effect state choice emission limitations compliance naaqs state liberty adopt whatever mix emission limitations deems best suited particular situation train natural resources defense council epa emphasized relegated act secondary role process determining enforcing specific emission limitations necessary naaqs met ibid good neighbor provision one requirements sips must comply statutory structure described plainly demands epa afford meaningful opportunity allocate reduction responsibilities among sources within borders majority holds epa may effect force guess responsibilities might requiring submit sips learning agency regards significan contribution consequence losing regulatory primacy guess wrong epa asserts circuit wrong factual matter reasoning feasibly implement good neighbor provision without knowing agency considers obligations brief federal petitioners literally unbelievable support epa muster assertions routinely undertake technically complex air quality determinations emissions information publicly available ibid respondents rightly state scientific knowledge world useless left guess way epa might ultimately quantify ce brief state respondents call punish ing failing meet standard epa yet announced yet know asking hit target epa defines requiring take stab dark set ting fail call hid ing ball brief state respondents shell game call pin tail donkey tr oral arg recently explained one thing expect regulated parties conform conduct agency interpretations agency announces quite another require regulated parties divine agency interpretations advance else held liable agency announces interpretations first time demands deference christopher smithkline beecham slip principle applies fortiori regulatory regime rests principles cooperative federalism past epa practice epa long acknowledged proposition nonsensical expect comply good neighbor provision absent direction constitutes significan contribution interstate pollution agency consistently adopted position prior transport rule issued nox sip call epa acknowledged ithout determining acceptable level nox reductions upwind state guidance acceptable submission fed reg epa deemed efficient indeed necessary federal government establish overall emissions levels various ibid accordingly agency quantified responsibilities allowed year submit sips implement similarly epa issued clean air interstate rule cair explicitly recognize face great difficulties developing transport sips meet requirements today action without th data policies provided rule including judgments epa concerning appropriate criteria determining whether upwind sources contribute significantly downwind nonattainment agency thus gave months submit sips implementing new responsibilities see although epa published fips window closed specified meant serve federal backstop become effective unless necessary year cair sip submission deadline even since promulgating transport rule epa repeatedly reaffirmed expected read agency mind proceedings epa time stated although ome elements process relatively straightforward others clearly require interpretation epa rulemaking recommendations guidance order give specific meaning particular naaqs example latter agency remarked good neighbor provision contains numerous terms require substantial rulemaking epa order determine basic points constitutes significant contribution citing cair fact epa repeated precise statements twice times following promulgation transport notwithstanding parties may argued litigation many years ago beyond responsible debate possibly design sips without knowing targets must aim epa insists enjoys significant discretion indeed consider essentially whatever factors wishes determine constitutes significan contribution interstate pollution simultaneously asserts know quantities choose agency majority ways abuse discretion majority attempts place blame hollowing core clean air act act plain text ante first textual element refers requirement epa disapproved sip shall promulgate fip time within years say agency discretion whether act defer action later point period also discretion work within prescribed timetable respect rightful role statutory scheme delaying issuance enforcement fips pending resubmission approval sips epa conduct surrounding cair clearly demonstrates assumes agency insists disapproving sips promulgating applicable standards though fact epa discretion publicize metrics window submit sips closes first place majority agency retained discretion alter course one pursued nox sip call cair ante misses point point epa discretion arrange things preserve clean air act core principle state primacy abuse discretion refuse see see also identical text administrative procedure act indeed proviso agency authority promulgate fip within period terminates state corrects deficiency epa approves sip sip revision explicitly contemplates majority conception administrative discretion sprawling allow epa subvert state primacy respect concerns good neighbor provision respect much broader concerns naaqs program generally must submit sips within years new revised naaqs shorter period epa may prescribe emphasis added principled reason read scheduling provision less malleable manner one issue majority view epa demand submit sips within matter days even hours naaqs publication else face immediate imposition fips second element plain text majority relies small beer indeed good neighbor provision expressly state epa must publish target quantities required submit sips even though clean air act naaqs generally vehicle inspection maintenance programs see premise majority reasons ad congress intended similarly defer discharge obligations good neighbor provision congress included similar direction section ante perhaps epa read statute differently declared nox sip call etermining overall level air pollutants allowed emitted state comparable determining naaqs courts recognized epa responsibility distinguishable determining particular mix controls among individual sources attain standards caselaw identifies state responsibility fed reg emphasis added negative implication suggested statute failure use consistent terminology helpful guide determining meaning especially provisions question enacted time case interpretive canon like others one clue aid construction overcome powerful indications meaning elsewhere statute said rule thumb tip scales statute read multiple ways sebelius auburn regional medical center slip internal quotation marks brackets omitted clean air act simply read make epa primary regulator context canon easily overcome statute structure mention sheer impossibility submitting sensible sip without epa guidance negative implication tiniest mousehole majority discovers elephant federal control addressing problem interstate pollution manner congress prescribed manner matter complex difficult enterprise egardless serious problem administrative agency seeks address may exercise authority manner inconsistent administrative structure congress enacted law brown williamson quoting etsi pipeline project missouri majority approval epa approach clean air act violates foundational principle popular government dissent footnotes together american lung association et al eme homer city generation et also certiorari footnotes rule challenged epa evaluated separate linkages downwind upwind brief federal petitioners fips sips introduced version act particular deadlines discussed added see stat respect naaqs addressed rule threshold corresponded levels micrograms per cubic meter annual daily parts per billion ppb ozone see fed reg example naaqs ozone ppb contribution less ppb downwind location fall outside epa criteria significance illustrate technology priced capable eliminating two tons pollution stated cost per ton epa modeled reductions achieved cost levels per ton eliminated see epa determined one group upwind downwind air quality problems resolved per ton threshold see another group however level controls suffice epa found pollution controls costing per ton necessary see example pollution sources within texas permitted emit tons subject variations specified epa see table similarly upwind epa independently determined interfer ing maintenance naaqs downwind required eliminate pollution extent emissions satisfied criteria see fips specified maximum amount pollution pollution source emit sources ceiling sell unused allocations sources reduce emissions necessary level cheaply see type system cuts costs still reducing pollution target levels three challenge epa determinations see petition review ohio epa petition review kansas epa cadc notice georgia epa cadc challenges consolidated proceeding remain pending held abeyance cases sixth circuits see twelfth joint status report ohio epa order kansas epa cadc may order georgia epa cadc may state respondents make second argument reach urge epa impose fips several upwind whose sips previously approved agency cair epa changed approvals disapprovals issued transport rule see fed reg assert process epa improper argument passed circuit see leave appeals consider first instance remand point dissent argues beyond responsible debate possibly design sips without knowing targets must aim post many state respondents thought otherwise however litigating matter michigan epa cadc see final brief petitioning cadc epa responsibility establish naaqs without intervention epa duty right develop sips meet see also epa role determine whether sip submitted dictate contents submittal first instance ach state right obligation write sip complies including neighbor light caa core principle cooperative federalism dissent believes epa abused discretion failing give additional opportunity submit sips satisfaction good neighbor provision post nothing statute restricts epa contrary earlier observed see supra plain text caa grants epa plenary authority issue fip time within period begins moment epa determines sip inadequate emphasis added though speak epa task good neighbor provision initially directed upwind earlier explained see part supra state failed propose sip adequate compliance provision epa called upon act uncertainties inherent measuring interstate air pollution see supra reductions exactly ppb likely unattainable see infra simplicity sake hypothetical assumes epa required emission reductions downwind state statutory gap identified also exists good neighbor provision second instruction instruction requires epa eliminate amounts upwind pollution interfere maintenance naaqs downwind state mandate contains qualifier analogous significantly yet entails delegation administrative authority character one discussed epa constrained first part good neighbor provision eliminate amounts contribute nonattainment epa limited second part provision reduce amounts interfere maintenance enough permit state maintain satisfactory air quality emphasis added multiple upwind contributing maintenance problem however epa confronts challenge contribute significantly mandate creates epa allocate reductions among multiple upwind many contribute amounts sufficient impede downwind maintenance nothing either clause good neighbor provision provides criteria epa meant apportion responsibility see one need slightly complicate world envisioned dissent assume world made four two upwind two downwind suppose also dissent allows see post reductions state must make eliminate share amount state nonattainment necessary state eliminate share state nonattainment later explained see infra kind agree dissent acceptable statute suppose however state also contributes pollution state state reductions must make eliminate proportion state overage exceed reductions must make bring state attainment case dissent state reduce enough eliminate share state nonattainment enough eliminate share state overage converse true state dissent approach state reduce minimum necessary eliminate proportional share state nonattainment enough eliminate proportion state overage result total amount required reduce exceed necessary attainment downwind involved state state thus unnecessary achieving attainment involved impermissible good neighbor provision see infra problem worsen hypothetical altered include two downwind two upwind real circumstances epa must address dissent approach similarly infirm toll upwind already invested heavily means reduce pollution industries cause lightening burden done relatively less control pollution emanating local enterprises dissent see post relies heavily decision whitman american trucking whitman held relevant text caa unambiguously bars epa considering costs determining naaqs section commands epa set naaqs levels requisite protect public health adequate margin safety mandate observed whitman absolute precluded consideration cost naaqs calculation internal quotation marks omitted good neighbor provision grants epa discretion eliminate amounts pollution contribute significantly nonattainment downwind particular amounts qualify elimination statute silent unlike provision issue whitman provides express criteria epa set naaqs good neighbor provision earlier explained fails provide metric epa differentiate among contributions multiple upwind see supra following example based record offered brief respondent calpine et al support petitioners ohio west virginia pennsylvania indiana contribute varying amounts five different nonattainment areas three downwind implementation transport rule epa modeling demonstrates bring three five areas attainment comfortable margin fourth barely see fig fifth downwind receptor however still fall short attainment despite reductions rule requires see ibid epa lower emission reductions required upwind reduce first three areas area barely achieving attainment longer area still nonattainment fall even behind thus first three downwind receptors essential attainment achieved fourth fifth progress toward goal dissent suggests qualification term tantamount admission nothing stands way approach post permitting one state purpose achieving attainment another furthers stated goal good neighbor provision attainment naaqs contrast scheme neither necessary achieve downwind attainment mandated terms statute earlier discussed see supra permitting purpose achieving proportionality thus contravene clear limits statute places epa good neighbor authority eliminate amounts upwind pollutants essential achieving attainment downwind footnotes agree majority analysis turning aside epa threshold objections judicial review see ante majority insists proportionality one ways ante easy imagine precluding unnecessary reducing manner burdens upwind state linked given downwind area retain proportionality produced approach majority shrugs american trucking reasoning characterized provision question absolute nothing say good neighbor provision absolute see ante textbook example begging question since good neighbor provision absolute point issue american trucking dealt provision absolute irrelevant contrary american trucking right point described text provision issue even categorical absolute provision issue american trucking addition citations text see fed reg unimpressed way explanation majority accepts epa circuit admonished act dispatch amending replacing cair ante citing north carolina epa per curiam courts appeals raised eyebrows wagging fingers law least urge agency take ultra vires action encouragement act illegally qualify good reaso agency alteration course fcc fox television stations