utility
air
regulatory
group
environmental
protection
agency
et
argued
february
decided
october
clean
air
act
imposes
permitting
requirements
stationary
sources
factories
powerplants
act
prevention
significant
deterioration
psd
provisions
make
unlawful
construct
modify
major
emitting
facility
area
psd
program
applies
without
permit
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emitting
facility
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source
potential
emit
tons
per
year
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pollutant
tons
per
year
certain
types
sources
facilities
seeking
qualify
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permit
must
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alia
comply
emissions
limitations
reflect
best
available
control
technology
bact
pollutant
subject
regulation
act
addition
title
act
makes
unlawful
operate
major
source
wherever
located
without
permit
major
source
stationary
source
potential
emit
tons
per
year
air
pollutant
response
massachusetts
epa
epa
promulgated
emission
standards
new
motor
vehicles
made
stationary
sources
subject
psd
program
title
basis
potential
emit
greenhouse
gases
recognized
however
requiring
permits
sources
emissions
statutory
thresholds
radically
expand
programs
render
unadministrable
epa
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tailor
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gases
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among
things
sources
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newly
subject
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title
permitting
basis
potential
emit
greenhouse
gases
amounts
less
tons
per
year
numerous
parties
including
several
challenged
epa
actions
circuit
dismissed
petitions
lack
jurisdiction
denied
remainder
held
judgment
affirmed
part
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scalia
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act
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compels
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interpretation
act
requiring
source
obtain
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title
permit
sole
basis
potential
emissions
pp
act
compel
epa
interpretation
massachusetts
held
definition
air
pollutant
includes
greenhouse
gases
term
air
pollutant
appears
act
operative
provisions
including
psd
title
permitting
provisions
epa
routinely
given
narrower
meaning
massachusetts
invalidate
longstanding
constructions
definition
command
regulate
description
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epa
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consider
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though
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use
air
pollutant
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clarity
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consistent
usage
context
statutory
term
may
take
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characters
association
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objects
calling
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implementation
strategies
environmental
defense
duke
energy
pp
act
permit
epa
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agencies
empowered
resolve
statutory
ambiguities
must
operate
within
bounds
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fcc
epa
repeatedly
acknowledged
applying
psd
title
permitting
requirements
greenhouse
gases
inconsistent
act
structure
design
review
relevant
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provisions
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doubt
psd
program
title
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apply
rationally
extended
beyond
relative
handful
large
sources
capable
shouldering
heavy
substantive
procedural
burdens
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interpretation
also
bring
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transformative
expansion
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regulatory
authority
without
clear
congressional
authorization
fda
brown
williamson
tobacco
pp
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authority
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act
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numerical
thresholds
tons
per
year
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triggers
agencies
must
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effect
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expressed
intent
congress
national
assn
home
builders
defenders
wildlife
power
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laws
include
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revise
clear
statutory
terms
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work
practice
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epa
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interpreted
act
require
sources
need
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based
emission
conventional
pollutants
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gases
pp
concerns
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traditionally
controls
fundamentally
unsuited
regulation
energy
use
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guidance
document
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analysis
consider
options
energy
efficiency
including
carbon
capture
storage
epa
contends
reasonably
comparable
traditional
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technologies
moreover
assuming
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may
used
force
improvements
energy
efficiency
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limitations
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may
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concerns
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regulatory
authority
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epa
decision
require
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gases
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sources
otherwise
subject
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review
general
matter
permissible
interpretation
statute
chevron
natural
resources
defense
council
specific
phrasing
bact
provision
requires
bact
pollutant
subject
regulation
act
suggest
provision
bear
narrowing
construction
even
text
clear
applying
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greenhouse
gases
disastrously
unworkable
need
result
dramatic
expansion
agency
authority
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epa
interpretation
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scalia
announced
judgment
delivered
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roberts
kennedy
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alito
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kagan
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thomas
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
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goes
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justice
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announced
judgment
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respect
parts
ii
acting
pursuant
clean
air
act
stat
amended
environmental
protection
agency
recently
set
standards
emissions
greenhouse
gases
substances
believes
contribute
global
climate
change
new
motor
vehicles
must
decide
whether
permissible
epa
determine
regulations
automatically
triggered
permitting
requirements
act
stationary
sources
emit
greenhouse
gases
background
permitting
clean
air
act
regulates
emissions
stationary
sources
factories
powerplants
moving
sources
cars
trucks
aircraft
litigation
concerns
permitting
obligations
imposed
stationary
sources
titles
act
title
charges
epa
formulating
national
ambient
air
quality
standards
naaqs
air
pollutants
date
epa
issued
naaqs
six
pollutants
sulfur
dioxide
particulate
matter
nitrogen
dioxide
carbon
monoxide
ozone
lead
clean
air
act
handbook
domike
zacaroli
ed
see
generally
cfr
pt
primary
responsibility
implementing
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developing
state
implementation
plans
state
must
designate
every
area
within
borders
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unclassifiable
respect
naaqs
state
implementation
plan
must
include
permitting
programs
stationary
sources
vary
according
classification
area
source
proposed
located
stationary
sources
areas
designated
attainment
unclassifiable
subject
act
provisions
relating
prevention
significant
deterioration
psd
epa
interprets
psd
provisions
apply
sources
located
areas
designated
attainment
unclassifiable
naaqs
pollutant
regardless
whether
source
emits
specific
pollutant
since
inception
psd
program
every
area
country
designated
attainment
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least
one
naaqs
pollutant
thus
epa
view
stationary
sources
potentially
subject
psd
review
unlawful
construct
modify
major
emitting
facility
area
psd
program
applies
without
first
obtaining
permit
qualify
permit
facility
must
cause
contribute
violation
applicable
standard
must
comply
emissions
limitations
reflect
best
available
control
technology
bact
pollutant
subject
regulation
act
act
defines
major
emitting
facility
stationary
source
potential
emit
tons
per
year
air
pollutant
tons
per
year
certain
types
sources
defines
modification
physical
operational
change
causes
facility
emit
air
pollutant
addition
psd
permitting
requirements
construction
modification
title
act
makes
unlawful
operate
major
source
wherever
located
without
comprehensive
operating
permit
unlike
psd
program
title
generally
impose
substantive
requirements
instead
designed
facilitate
compliance
enforcement
consolidating
single
document
facility
obligations
act
permit
must
include
emissions
limitations
standards
apply
source
well
associated
inspection
monitoring
reporting
requirements
title
defines
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source
reference
definition
major
stationary
source
turn
means
stationary
source
potential
emit
tons
per
year
air
pollutant
epa
regulations
held
title
ii
act
authorize
epa
regulate
greenhouse
gas
emissions
new
motor
vehicles
agency
form
ed
emissions
contribute
climate
change
massachusetts
epa
quoting
response
decision
epa
embarked
course
regulation
resulting
single
largest
expansion
scope
act
history
clean
air
act
handbook
xxi
epa
first
asked
public
notice
proposed
rulemaking
comment
agency
respond
massachusetts
explained
regulating
emissions
motor
vehicles
consequences
stationary
sources
epa
view
greenhouse
gases
became
regulated
part
act
psd
title
permitting
requirements
apply
stationary
sources
potential
emit
greenhouse
gases
excess
statutory
thresholds
tons
per
year
title
tons
per
year
psd
program
depending
type
source
fed
reg
emissions
tend
orders
magnitude
greater
emissions
conventional
pollutants
epa
projected
numerous
small
sources
previously
regulated
act
swept
psd
program
title
including
smaller
industrial
sources
large
office
residential
buildings
hotels
large
retail
establishments
similar
facilities
agency
warned
constitute
unprecedented
expansion
epa
authority
profound
effect
virtually
every
sector
economy
touch
every
household
land
yet
still
relatively
ineffective
reducing
greenhouse
gas
concentrations
epa
announced
determination
regarding
danger
posed
emissions
epa
found
emissions
new
motor
vehicles
contribute
elevated
atmospheric
concentrations
greenhouse
gases
endanger
public
health
welfare
fostering
global
climate
change
fed
reg
hereinafter
endangerment
finding
denominated
single
air
pollutant
combined
mix
six
greenhouse
gases
identified
root
cause
climate
change
carbon
dioxide
methane
nitrous
oxide
hydrofluorocarbons
perfluorocarbons
sulfur
hexafluoride
source
emissions
measured
carbon
dioxide
equivalent
units
calculated
based
gas
global
warming
potential
next
epa
issued
final
decision
regarding
prospect
standards
trigger
permitting
requirements
fed
reg
hereinafter
triggering
rule
epa
announced
beginning
effective
date
standards
motor
vehicles
stationary
sources
subject
psd
program
title
basis
potential
emit
greenhouse
gases
expected
epa
short
order
promulgated
emission
standards
passenger
cars
trucks
passenger
vehicles
take
effect
january
fed
reg
hereinafter
tailpipe
rule
epa
announced
steps
taking
tailor
psd
program
title
greenhouse
gases
fed
reg
hereinafter
tailoring
rule
steps
necessary
said
psd
program
title
designed
regulate
relatively
small
number
large
industrial
sources
requiring
permits
sources
emissions
statutory
thresholds
radically
expand
programs
making
unadministrable
unrecognizable
congress
designed
epa
nonetheless
rejected
calls
exclude
greenhouse
gases
entirely
programs
asserting
act
ambiguous
respect
need
cover
sources
either
psd
title
program
instead
epa
adopted
approach
said
appl
psd
title
threshold
levels
close
statutory
levels
possible
quickly
possible
least
certain
point
epa
said
consist
least
three
steps
step
january
june
source
become
newly
subject
psd
program
title
solely
basis
emissions
however
sources
required
obtain
permits
anyway
emission
conventional
pollutants
anyway
sources
need
comply
bact
greenhouse
gases
emitted
gases
significant
amounts
defined
least
tons
per
year
ibid
step
july
june
sources
potential
emit
least
tons
per
year
greenhouse
gases
subject
psd
title
permitting
construction
operation
psd
permitting
modifications
increase
emissions
least
tons
per
year
step
beginning
july
epa
said
might
might
reduce
permitting
thresholds
though
tons
per
year
might
might
establish
permanent
exemptions
sources
beyond
step
epa
promised
complete
another
round
rulemaking
april
take
action
address
small
sources
might
might
include
establishing
permanent
exemptions
epa
codified
steps
cfr
psd
title
codified
commitments
regarding
step
beyond
see
tailoring
rule
decision
epa
issued
final
step
rule
decided
lower
thresholds
established
step
least
fed
reg
decision
numerous
parties
including
several
filed
petitions
review
circuit
challenging
epa
actions
appeals
dismissed
petitions
lack
jurisdiction
denied
remainder
coalition
responsible
regulation
epa
per
curiam
first
upheld
endangerment
finding
tailpipe
rule
next
held
epa
interpretation
psd
permitting
requirement
applying
regulated
air
pollutant
including
greenhouse
gases
compelled
statute
also
found
crystal
clear
psd
permittees
must
install
bact
greenhouse
gases
deemed
petitioners
arguments
psd
program
insufficiently
applicable
title
held
forfeited
challenges
epa
greenhouse
interpretation
title
finally
held
petitioners
without
article
iii
standing
challenge
epa
efforts
limit
reach
psd
program
title
triggering
tailoring
rules
denied
rehearing
en
banc
judges
brown
kavanaugh
dissenting
etc
app
wl
granted
six
petitions
certiorari
agreed
decide
one
question
epa
permissibly
determined
regulation
greenhouse
gas
emissions
new
motor
vehicles
triggered
permitting
requirements
clean
air
act
stationary
sources
emit
greenhouse
gases
ii
analysis
litigation
presents
two
distinct
challenges
epa
stance
permitting
stationary
sources
first
must
decide
whether
epa
permissibly
determined
source
may
subject
psd
title
permitting
requirements
sole
basis
source
potential
emit
greenhouse
gases
second
must
decide
whether
epa
permissibly
determined
source
already
subject
psd
program
emission
conventional
pollutants
anyway
source
may
required
limit
emissions
employing
best
available
control
technology
greenhouse
gases
solicitor
general
joins
issue
points
evidently
regards
second
important
informs
us
anyway
sources
account
roughly
american
emissions
compared
additional
anyway
sources
epa
sought
regulate
steps
tailoring
rule
tr
oral
arg
review
epa
interpretations
clean
air
act
using
standard
set
forth
chevron
natural
resources
defense
council
chevron
presume
statute
ambiguous
respect
prescribes
congress
empowered
agency
resolve
ambiguity
question
reviewing
whether
agency
acted
reasonably
thus
stayed
within
bounds
statutory
authority
arlington
fcc
slip
emphasis
deleted
psd
title
triggers
first
decide
whether
epa
permissibly
interpreted
statute
provide
source
may
required
obtain
psd
title
permit
sole
basis
potential
emissions
epa
thought
conclusion
source
emissions
may
necessitate
psd
title
permit
followed
act
unambiguous
language
appeals
agreed
held
statute
compelled
epa
interpretation
disagree
statute
compelled
epa
interpretation
respect
neither
psd
program
title
appeals
reasoned
way
flawed
syllogism
massachusetts
general
definition
air
pollutant
includes
greenhouse
gases
act
requires
permits
major
emitters
air
pollutant
therefore
act
requires
permits
major
emitters
greenhouse
gases
conclusion
follows
premises
air
pollutants
referred
provisions
minor
premise
air
pollutants
encompassed
definition
interpreted
massachusetts
major
premise
yet
one
least
epa
endorses
proposition
obviously
untenable
definition
says
air
pollutant
air
pollution
agent
combination
agents
including
physical
chemical
biological
radioactive
substance
matter
emitted
otherwise
enters
ambient
air
massachusetts
held
definition
includes
greenhouse
gases
embraces
airborne
compounds
whatever
stripe
term
air
pollutant
appears
act
operative
provisions
epa
routinely
given
narrower
meaning
certainly
true
provisions
require
psd
title
permitting
major
emitters
air
pollutant
since
epa
regulations
interpreted
air
pollutant
psd
permitting
trigger
limited
regulated
air
pollutants
fed
reg
codified
amended
cfr
class
much
narrower
massachusetts
airborne
compounds
whatever
stripe
since
epa
informally
taken
position
regard
title
permitting
trigger
position
agency
ultimately
incorporated
regulations
issue
see
memorandum
lydia
wegman
deputy
director
office
air
quality
planning
standards
air
division
director
regions
pp
apr
tailoring
rule
amending
cfr
interpretations
appropriate
plain
day
act
envision
elaborate
burdensome
permitting
process
major
emitters
steam
oxygen
harmless
airborne
substances
takes
cheek
epa
insist
possibly
give
air
pollutant
reasonable
meaning
psd
title
contexts
precisely
decades
places
act
epa
inferred
statutory
context
generic
reference
air
pollutants
encompass
every
substance
falling
within
definition
examples
abound
act
authorizes
epa
enforce
new
source
performance
standards
nsps
source
promulgation
standards
source
undergoes
physical
operational
change
increases
emission
air
pollutant
epa
interprets
provision
limited
air
pollutants
epa
promulgated
new
source
performance
standards
fed
reg
codified
amended
cfr
fed
reg
codified
amended
cfr
act
requires
permit
construction
operation
nonattainment
area
source
potential
emit
tons
per
year
air
pollutant
epa
interprets
provision
limited
pollutants
area
designated
nonattainment
fed
reg
promulgating
cfr
amended
act
directs
epa
require
enhanced
monitoring
submission
compliance
certifications
source
potential
emit
tons
per
year
air
pollutant
epa
interprets
provision
limited
regulated
pollutants
fed
reg
codified
cfr
act
requires
certain
sources
air
pollutants
interfere
visibility
undergo
retrofitting
potential
emit
tons
per
year
pollutant
epa
interprets
provision
limited
air
pollutants
fed
reg
codified
cfr
pt
app
although
limitations
nowhere
found
definition
instance
epa
concluded
psd
title
context
statute
using
air
pollutant
massachusetts
broad
sense
mean
airborne
substance
whatsoever
massachusetts
invalidate
longstanding
constructions
case
hold
epa
must
always
regulate
greenhouse
gases
air
pollutant
everywhere
term
appears
statute
epa
must
ground
reasons
action
inaction
statute
emphasis
added
rather
reasoning
divorced
statutory
text
epa
inaction
regard
title
ii
sufficiently
grounded
statute
said
part
nothing
act
suggested
regulating
greenhouse
gases
title
conflict
statutory
design
title
ii
compel
epa
regulate
way
extreme
counterintuitive
contrary
sense
require
epa
take
modest
step
adding
standards
roster
emission
regulations
ibid
massachusetts
strip
epa
authority
exclude
greenhouse
gases
class
regulable
air
pollutants
parts
act
inclusion
inconsistent
statutory
scheme
definition
gave
sweeping
capacious
interpretation
command
regulate
description
universe
substances
epa
may
consider
regulating
act
operative
provisions
massachusetts
foreclose
agency
use
statutory
context
infer
certain
act
provisions
use
air
pollutant
denote
every
conceivable
airborne
substance
may
sensibly
encompassed
within
particular
regulatory
program
certain
amici
felicitously
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guidance
without
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mean
arbitrary
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clean
air
act
bact
analysis
like
rest
clean
air
act
developed
use
regulating
emission
conventional
pollutants
simply
suited
use
respect
greenhouse
gases
therefore
respectfully
dissent
part
opinion
footnotes
together
american
chemistry
council
et
al
environmental
protection
agency
et
manufacturers
working
group
greenhouse
gas
regulation
et
al
environmental
protection
agency
et
southeastern
legal
foundation
et
al
environmental
protection
agency
et
texas
et
al
environmental
protection
agency
et
chamber
commerce
et
al
environmental
protection
agency
et
also
certiorari
footnotes
although
statute
sets
numerical
thresholds
tons
per
year
emissions
make
facility
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specify
much
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cfr
see
also
alabama
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cadc
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authority
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cf
wisconsin
dept
revenue
william
wrigley
minimis
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lex
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adopted
comments
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commerce
transportation
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noting
epa
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construction
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economic
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office
science
technology
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schools
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environmental
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vast
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et
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american
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connecticut
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electric
power
argued
ill
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judge
kavanaugh
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justice
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post
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part
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statutory
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statute
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part
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therefore
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justice
alito
argues
bact
fundamentally
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two
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post
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concurring
part
dissenting
part
first
bact
requires
consideration
ambient
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site
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facility
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regulation
chapter
see
also
obvious
requirement
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apply
greenhouse
gases
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possibility
requirement
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second
justice
alito
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recipe
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state
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statute
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determine
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energy
environmental
economic
impacts
costs
footnotes
epa
describes
steps
follows
applicant
must
identify
available
control
options
potentially
applicable
consulting
epa
bact
clearinghouse
along
reliable
sources
technical
feasibility
control
options
identified
step
eliminated
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technical
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technologies
ranked
based
control
effectiveness
considering
percentage
pollutant
removed
expected
emission
rate
new
source
review
nsr
pollutant
expected
emission
reduction
regulated
nsr
pollutant
output
based
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limit
control
technologies
eliminated
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collateral
impacts
energy
impacts
environmental
impacts
solid
hazardous
waste
water
discharge
control
device
emissions
air
toxics
regulated
pollutants
economic
impacts
effective
control
option
eliminated
step
proposed
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pollutant
emission
unit
review
new
source
review
pollutants
pollutants
national
ambient
air
quality
standard
set
others
sulphur
dioxide
see
cfr
xxxvii
think
bact
applies
anyway
sources
apply
limitations
suggested
part
might
lessen
inconsistencies
highlighted
part
ii
opinion
understanding
join
part