whitman administrator environmental protection agency et al american trucking associations et argued november decided february section clean air act caa requires environmental protection agency epa administrator promulgate national ambient air quality standards naaqs air pollutant air quality criteria issued pursuant administrator revised ozone particulate matter naaqs respondents private parties several hereinafter respondents challenged revised naaqs several grounds district columbia circuit found administrator interpretation instructs epa set standards attainment maintenance requisite protect public health adequate margin safety delegated legislative power administrator contravention federal constitution remanded naaqs epa appeals also declined depart rule epa may consider implementation costs setting naaqs held although certain implementation provisions ozone naaqs contained part subpart title caa prevent epa revising ozone standard designating certain areas nonattainment areas provisions rather general provisions contained subpart constrained implementation new ozone naaqs rejected epa argument lacked jurisdiction reach implementation question final implementation action held section permit administrator consider implementation costs setting naaqs caa often expressly grants epa authority consider implementation costs provision costs inferred ambiguous provisions union elec epa since engine drives nearly title caa textual commitment costs must clear congress alter regulatory scheme fundamental details vague terms ancillary provisions see mci telecommunications american telephone telegraph respondents arguments founder upon principle implausible modest words adequate margin requisite give epa power determine whether implementation costs moderate national air quality standards cf ibid cost factor indirectly related public health full potential canceling conclusions drawn direct health effects expressly mentioned congress meant considered caa provisions require cost data bearing upon whether costs taken account setting naaqs text context clear canon construing texts avoid serious constitutional problems applicable see miller french pp section delegate legislative power epa conferring decisionmaking authority upon agencies congress must lay intelligible principle person body authorized act directed conform hampton agency cure unlawful delegation legislative power adopting discretion limiting construction statute limits imposes epa discretion strikingly similar ones approved touby scope discretion allows well within outer limits nondelegation precedents see panama refining ryan statutes need provide determinate criterion saying much regulated harm much avoid delegating legislative power pp appeals jurisdiction consider implementation issue caa implementation policy constitutes final agency action caa marked consummation epa decisionmaking process see bennett spear decision also ripe review question purely one statutory interpretation benefit factual development see ohio forestry sierra club review interfere administrative development hardship respondent developing state implementation plans satisfies caa special provision permitting preenforcement review see implementation issue also fairly included within challenges final ozone rule appeals parties agree final agency action ripe review pp implementation policy unlawful chevron natural resources defense council statute resolves question whether subpart subpart applies revised ozone naaqs ends matter statute ambiguous must defer reasonable agency interpretation statute ambiguous concerning interaction subpart subpart defer epa interpretation render subpart carefully designed restrictions epa discretion nugatory new ozone naaqs promulgated principal distinction subparts subpart eliminates regulatory discretion allowed subpart epa may construe statute way completely nullifies textually applicable provisions meant limit discretion addition although subpart obviously written govern implementation time future nothing epa interpretation prevented agency aborting subpart day enacted left epa develop reasonable interpretation nonattainment implementation provisions insofar apply revised ozone naaqs pp affirmed part reversed part remanded scalia delivered opinion parts iv unanimous part ii joined rehnquist stevens kennedy souter thomas ginsburg part iii joined rehnquist kennedy thomas ginsburg breyer jj thomas filed concurring opinion stevens filed opinion concurring part concurring judgment souter joined breyer filed opinion concurring part concurring judgment christine todd whitman administrator environmental protection agency et petitioners american trucking associations et al american trucking associations et petitioners christine todd whitman administrator environmental protection agency et al writs certiorari appeals district columbia circuit february justice scalia delivered opinion cases present following questions whether clean air act caa delegates legislative power administrator environmental protection agency epa whether administrator may consider costs implementation setting national ambient air quality standards naaqs whether appeals jurisdiction review epa interpretation part title caa respect implementing revised ozone naaqs whether epa interpretation part permissible section caa added stat amended requires administrator epa promulgate naaqs air pollutant air quality criteria issued naaqs promulgated administrator must review standard criteria based intervals make revisions may appropriate caa cases arose july administrator revised naaqs particulate matter pm ozone see naaqs particulate matter fed reg codified cfr naaqs ozone codified cfr american trucking associations include addition private companies michigan ohio west virginia challenged new standards appeals district columbia circuit pursuant district columbia circuit accepted challenges rejected others agreed respondents hereinafter respondents delegated legislative power administrator contravention constitution art found epa interpreted statute provide intelligible principle guide agency exercise authority american trucking epa thought however epa perhaps avoid unconstitutional delegation adopting restrictive construction instead declaring section unconstitutional remanded naaqs agency delegation point judge tatel dissented finding statute constitutional written second issue appeals addressed unanimously rejected respondents argument depart rule lead industries epa cadc epa may consider cost implementing naaqs setting initial standard also rejected respondents argument implementation provisions ozone found part subpart title caa tied existing ozone standard epa lacked power revise standard held although subpart constrained agency method implementing new standard prevent epa revising standard designating areas country nonattainment areas see reference epa petition rehearing panel adhered position points unanimously rejected epa new argument lacked jurisdiction reach implementation question final implementation action american trucking epa cadc appeals denied epa suggestion rehearing en banc five judges dissenting administrator epa petitioned review first third fourth questions described first paragraph opinion respondents conditionally review second question granted certiorari petitions scheduled cases argument tandem consolidated cases purposes decision ii lead industries epa supra district columbia circuit held economic considerations may play part promulgation ambient air quality standards section caa present cases adhered holding done many occasions see american lung assn epa nrdc administrator epa vacated part grounds nrdc epa cadc american petroleum institute costle respondents argue decisions incorrect disagree since first step assessing whether statute delegates legislative power determine authority statute confers address issue interpretation first reach respondents constitutional arguments part iii infra section instructs epa set primary ambient air quality standards attainment maintenance requisite protect public health adequate margin safety hundreds pages briefing respondents submitted issue one thought fairly clear text permit epa consider costs setting standards language one scholar noted absolute currie air pollution federal law analysis epa based information health effects contained technical criteria documents compiled identify maximum airborne concentration pollutant public health tolerate decrease concentration provide adequate margin safety set standard level nowhere costs achieving standard made part initial calculation natural readings respondents make lengthy spirited ultimately unsuccessful attack begin object focus public health term first appeared federal clean air legislation act july act stat expressed recognition dangers public health air pollution ordinary meaning health community webster new international dictionary ed respondents argue however added clean air amendments act stat meant use term secondary meaning ways means conserving health members community preventive medicine organized care sick etc ibid words one meaning given content however surroundings fda brown williamson tobacco jones context second definition makes sense congress meant instruct administrator set naaqs level requisite protect art science dealing protection improvement community health webster third new international dictionary therefore revert primary definition term health public even respondents argue many factors air pollution affect public health particular economic cost implementing stringent standard might produce health losses sufficient offset health gains achieved cleaning air example closing whole industries thereby impoverishing workers consumers dependent upon industries unquestionably true congress unquestionably aware thus congress commissioned air quality act act detailed estimate cost carrying provisions act comprehensive study cost program implementation affected units government comprehensive study economic impact air quality standards nation industries communities contributing sources pollution stat congress armed results study see cost clean air doc publishing results study anticipated compliance costs injure public health provided precise exigency section caa permitted administrator waive compliance deadline stationary sources inter alia sufficient control measures simply unavailable continued operation sources essential public health welfare stat emphasis added provisions explicitly permitted required economic costs taken account implementing air quality standards section example commanded administrator set standards performance certain new sources emissions specified reflec degree emission limitation achievable application best system emission reduction taking account cost achieving reduction administrator determines adequately demonstrated section prescribed emissions standards automobiles take effect period administrator finds necessary permit development application requisite technology giving appropriate consideration cost compliance within period stat see also similar limitation interim standards similar limitation fuel additives similar limitation implementation aircraft emission standards subsequent amendments caa added many provisions directing explicit language administrator consider costs performing various duties see reformulate gasoline require greatest reduction emissions taking consideration cost achieving emissions reductions emission reduction nonroad vehicles set giving appropriate consideration cost standards therefore refused find implicit ambiguous sections caa authorization consider costs elsewhere often expressly granted see union elec epa cf general motors refusing infer certain provisions caa deadlines enforcement limitations expressly imposed elsewhere accordingly prevail present challenge respondents must show textual commitment authority epa consider costs setting naaqs naaqs provides engine drives nearly title caa textual commitment must clear one congress held alter fundamental details regulatory scheme vague terms ancillary provisions one might say hide elephants mouseholes see mci telecommunications american telephone telegraph fda brown williamson tobacco supra respondents textual arguments ultimately founder upon principle first claim terms adequate margin requisite leave room pad health effects cost concerns found highly unlikely congress leave determination whether industry entirely even substantially agency discretion even unlikely achieve subtle device permission modify requirements mci telecommunications american telephone telegraph supra also find implausible congress give epa modest words power determine whether implementation costs moderate national air quality standards accord christensen harris county scalia concurring part concurring judgment implausibility congress leaving highly significant issue unaddressed thus delegating resolution administering agency assuredly one factors considered determining whether ambiguity emphasis deleted defect inheres respondents next two arguments administrator judgment requisite protect public health must based criteria documents developed see need based solely criteria criteria must include effects public health welfare may expected presence pollutant ambient air necessarily limited effects even concede premises still conclude one unenumerated factors agency consider developing applying criteria cost implementation factor indirectly related public health full potential canceling conclusions drawn direct health effects surely expressly mentioned congress meant considered yet provisions describe detail health effects pollutants ambient air calculated given effect see say word costs respondents point finally number provisions caa require attainment cost data generated section example instructs administrator issue simultaneously criteria documents information air pollution control techniques information shall include data relating cost installation operation iv requires clean air scientific advisory committee advise administrator adverse public health welfare social economic energy effects may result various strategies attainment maintenance iv respondents argue provisions make sense unless costs considered setting naaqs provisions enable administrator assist carrying statutory role primary implementers naaqs act assigns initial primary responsibility deciding emissions reductions required sources see giving duty developing implementation plans impossible perform task intelligently without considering abatement technologies efficient economically feasible said important forum consideration claims economic technological infeasibility state agency formulating implementation plan union elec epa thus federal clean air legislation beginning directed federal agencies develop transmit implementation data including cost data see act stat clean air act amending caa stat act stat congress chose carry forward research program assist choosing means implement standards perfectly sensible bearing upon whether cost considerations taken account formulating clear said canon requiring texts construed avoid serious constitutional problems application matter severe constitutional doubt courts may choose reasonably available interpretations text see miller french pennsylvania dept corrections yeskey text interpreted statutory historical context appreciation importance caa whole unambiguously bars cost considerations process thus ends matter us well therefore affirm judgment appeals point iii section caa instructs epa set ambient air quality standards attainment maintenance judgment administrator based criteria documents allowing adequate margin safety requisite protect public health appeals held section interpreted administrator provide intelligible principle guide epa exercise authority setting naaqs epa said lack ed determinate criteria drawing lines failed state intelligibly much much hence found epa interpretation statute violated nondelegation doctrine disagree delegation challenge constitutional question whether statute delegated legislative power agency article constitution vests legislative powers herein granted congress text permits delegation powers loving see scalia concurring part concurring judgment repeatedly said congress confers decisionmaking authority upon agencies congress must lay legislative act intelligible principle person body authorized act directed conform hampton never suggested agency cure unlawful delegation legislative power adopting discretion limiting construction statute fahey mallonee lichter mention agency regulations course nondelegation discussions lichter subsequent congress incorporated regulations revised version statute fahey customary practices area implicitly incorporated statute reflected regulations idea agency cure unconstitutionally standardless delegation power declining exercise power seems us internally contradictory choice portion power exercise say prescription standard congress omitted exercise forbidden legislative authority whether statute delegates legislative power question courts agency voluntary bearing upon answer agree solicitor general text caa minimum requires discrete set pollutants based published air quality criteria reflect latest scientific knowledge epa must establish uniform national standards level requisite protect public health adverse effects pollutant ambient air tr oral arg requisite turn mean sufficient necessary limits epa discretion strikingly similar ones approved touby permitted attorney general designate drug controlled substance purposes criminal drug enforcement necessary avoid imminent hazard public safety also resemble occupational safety health act provision requiring agency set standard adequately assures extent feasible basis best available evidence employee suffer impairment upheld industrial union american petroleum institute even rehnquist alone case thought statute violated nondelegation doctrine see opinion concurring judgment upheld like statute permit economic costs considered see american textile mfrs institute donovan rehnquist dissenting scope discretion allows fact well within outer limits nondelegation precedents history found requisite intelligible principle lacking two statutes one provided literally guidance exercise discretion conferred authority regulate entire economy basis precise standard stimulating economy assuring fair competition see panama refining ryan schechter poultry hand upheld validity public utility holding company act stat gave securities exchange commission authority modify structure holding company systems ensure unduly unnecessarily complicate unfairly inequitably distribute voting power among security holders american power light sec approved wartime conferral agency power fix prices commodities level generally fair equitable effectuate respects conflicting purposes th act yakus found intelligible principle various statutes authorizing regulation public interest see national broadcasting fcc power regulate airwaves new york central securities icc power approve railroad consolidations short almost never felt qualified congress regarding permissible degree policy judgment left executing applying law mistretta scalia dissenting see majority opinion true enough degree agency discretion acceptable varies according scope power congressionally conferred see loving supra mazurie congress need provide direction epa regarding manner define country elevators exempt regulations governing grain elevators see must provide substantial guidance setting air standards affect entire national economy even sweeping regulatory schemes never demanded appeals statutes provide determinate criterion saying much regulated harm much touby example require statute decree imminent imminent necessary necessary enough even relevant hazardous hazardous similarly statute issue lichter authorized agencies recoup excess profits paid wartime government contracts yet insist congress specify much profit much therefore conclusive delegation purposes respondents argue ozone particulate matter nonthreshold pollutants inflict continuum adverse health effects airborne concentration greater zero hence require epa make judgments degree certain degree discretion thus lawmaking inheres executive judicial action mistretta supra scalia dissenting emphasis deleted see majority opinion section caa repeat interpret requiring epa set air quality standards level requisite lower higher necessary protect public health adequate margin safety fits comfortably within scope discretion permitted precedent therefore reverse judgment appeals remanding reinterpretation avoid supposed delegation legislative power remain appeals remand direct reasons dispose preserved challenge naaqs provisions contained iv final two issues granted certiorari concern epa authority implement revised ozone naaqs areas whose ozone levels currently exceed maximum level permitted standard caa designates areas nonattainment see also pub stat setting timeline new ozone designations exposes additional restrictions implementation requirements imposed generally caa additional restrictions found five substantive subparts part title subpart contains general nonattainment regulations pertain every pollutant naaqs exists subparts contain rules tailored specific individual pollutants subpart added clean air act amendments stat addresses ozone dispute us nutshell whether subpart alone agency determined rather subpart combination subparts controls implementation revised ozone naaqs nonattainment areas administrator first urges however vacate judgment appeals issue lacked jurisdiction review epa implementation policy section caa gives jurisdiction nationally applicable regulations promulgated final action taken administrator epa argues implementation policy agency action final action ripe review reject three contentions time epa proposed revised ozone naaqs also proposed interim implementation policy naaqs see fed reg govern details implementation put final form specific rulemaking actions preamble proposed policy declared interim implementation policy represent epa preliminary views issues may include various statements must take certain actions statements made pursuant epa preliminary interpretations thus bind public matter law ibid epa done perhaps accept current claim action final however agency accepted comments proposed policy day final ozone naaqs promulgated white house published federal register titled memorandum administrator environmental protection agency prescribed implementation procedures epa follow fed reg purposes analysis shall assume memorandum action epa epa supplemented memorandum explanation implementation procedures published explanatory preamble final ozone naaqs heading final decision primary standard light comments received regarding interpretation proposed interim implementation policy epa announced reconsidered interpretation settled new one ibid provisions subpart part title act immediately apply implementation new ozone standards ibid see also new standard implemented simultaneously old standard provisions subpart moreover provisions subpart also continue apply matter law long area attaining old standard area reaches attainment old standard however provisions subpart achieved provisions longer apply ibid see also little trouble concluding constitutes final agency action subject review bite phrase final action bears meaning administrative procedure act apa see harrison ppg industries word action meant cover comprehensively every manner agency may exercise power see ftc standard oil rather word final requires action review mark consummation agency decisionmaking process bennett spear epa rendered last word matter question harrison ppg industries supra action final thus reviewable standard satisfied epa decisionmaking process began proposal continued reception public comments concluded agency light comments conjunction corresponding directive white house adopted interpretation part issue since interpretation issued epa refused subsequent rulemakings reconsider explaining disappointed commenters earlier decision conclusive see fed reg though agency dressed decision conventional procedural accoutrements finality behavior thus belies claim interpretation final decision also ripe review ripeness requir es us evaluate fitness issues judicial decision hardship parties withholding consideration texas quoting abbott laboratories gardner question us purely one statutory interpretation benefit factual development issues presented ohio forestry sierra club review inappropriately interfere administrative action since epa concluded consideration implementation issue finally hardship parties respondent must pain forfeiting epa control implementation naaqs promptly undertake lengthy expensive task developing state implementation plans sip attain new stringent standard within five years see whether suffice ordinary case brought review provisions apa see characterized special provision caa one statutes specifically provides preenforcement review see ohio forestry sierra club supra statutes said permit judicial review directly even concrete effects normally required apa review felt lujan national wildlife federation effects issue surely meet lower standard beyond implementation issue fairly included within challenges final ozone rule properly appeals respondents argued epa revise ozone standard trigger use subpart supplanted ozone specific rules subpart brief industry petitioners intervenors consolidated cases cadc pp epa responded subpart supplant simply supplemented subpart latter section still applies nonattainment areas naaqs including nonattainment areas revised ozone standard final brief epa consolidated cases cadc pp agency later reiterated subpart supplant implementation provisions revised ozone standards interpretation fully harmonizes subpart epa clear authority revise naaqs words epa arguing revised standard issued despite apparent incompatibility portions subpart implemented subpart rather subpart district columbia circuit ultimately agreed subpart harmonized epa authority promulgate revised naaqs subpart entirely inapplicable one epa assignments error unreasonable contend epa appeals obligated reach agency preferred result forbidden assess reasons epa given reaching result implementation issue fairly included within respondents challenge ozone rule parties agree final agency action ripe review approach merits parties dispute familiar one chevron natural resources defense council statute resolves question whether subpart subpart combination two shall apply revised ozone naaqs end matter statute silent ambiguous respect issue must defer reasonable interpretation made administrator agency agree appeals subpart clearly controls implementation revised ozone naaqs see find statute extent ambiguous conclude however agency interpretation goes beyond limits ambiguous contradicts view quite clear therefore hold implementation policy unlawful see iowa utilities text subpart first seems point way clear answer question subpart controls two sections subpart contain switching provisions stating classification ozone nonattainment areas specifically provided provisions part provisions control instead subpart thus true incomplete note administrator substantive language subpart broad enough apply revised ozone standards see instructing administrator classify nonattainment areas according revised standard including revision standard effect november setting attainment deadlines determine whether language apply one must resolve textual issue whether provision namely subpart provides classification ozone nonattainment areas according switching provisions subpart control subpart provide classifying nonattainment ozone areas revised standard unquestionably backbone subpart table printed reproduced margin defines five categories ozone nonattainment areas prescribes attainment deadlines section funnels nonattainment areas table classification declaring ach area designated nonattainment ozone shall classified time designation table operation law area classified primary standard attainment date ozone shall expeditiously practicable later date provided table epa argues text clear comprehensive seems title reads classification attainment dates nonattainment areas suggests subpart applies areas nonattainment areas later designated nonattainment revised ozone standard suggestion must rejected however specifically provides classification areas attainment subsequently slipped nonattainment thus makes clear subpart limited solely nonattainment areas eliminates interpretive role title may light ambiguous word phrase statute carter internal quotation marks omitted quoting pennsylvania dept corrections yeskey may well epa argues concurring opinion denial rehearing pointed see provisions subpart ill fitted implementation revised standard using old averages ozone levels example subpart requires see fed reg produce best inexact estimate new averages see cfr app also extent new ozone standard stricter old one see reply brief petitioners stricter naaqs fed reg standard ppm rather ppm generally represent ed continuation old level protection classification system subpart contains gap fails classify areas whose ozone levels greater new standard thus nonattaining less approximation old standard codified table finally subpart method calculating attainment dates simply count forward certain number years november date caa amendments took force depending far attainment area started seems make sense areas first classified new standard november example areas classified year many deadlines already expired time classification gaps subpart scheme prevent us concluding congress clearly intended subpart exclusive permanent means enforcing revised ozone standard nonattainment areas statute view ambiguous concerning manner subpart subpart interact regard revised ozone standards defer epa reasonable resolution ambiguity see fda brown williamson tobacco defer however interpretation epa given whatever effect may accorded gaps subpart implying limited applicability subpart thought render subpart carefully designed restrictions epa discretion utterly nugatory new standard promulgated epa concluded principal distinction subpart subpart latter eliminates regulatory discretion former allowed subpart permits epa establish classifications nonattainment areas subpart classifies areas matter law based table compare table whereas epa discretion subpart extend attainment dates long years subpart may grant years extension compare whereas subpart gives epa considerable discretion shape nonattainment programs subpart prescribes large parts law compare yet according epa subpart simply congress approach implementation old standard reason new standard simultaneously implemented subpart fed reg see also provisions subpart apply implementation new ozone standards use apparent gaps subpart render textually explicit applicability nonattainment areas new standard utterly inoperative go edge reasonable interpretation epa may construe statute way completely nullifies textually applicable provisions meant limit discretion epa interpretation making subpart abruptly obsolete astonishing subpart obviously written govern implementation time elements required included sip subpart take effect many years passage act see restrictions electric utility industrial commercial boiler effective years november vehicle monitoring program egi years november emissions milestone requirements applied years november intervals every years thereafter plan reaching far future enacted abandoned next time epa reviewed ozone standard congress knew happen time since technical staff papers already completed late see fed reg see also naaqs must reviewed appropriate revised least every five years yet nothing epa interpretation prevented agency aborting subpart day enacted even epa interpretation correct areas country required meet new stringent ozone standard time subpart allowed meet old standard compare subpart attainment dates subpart attainment dates los angeles instance required attain revised naaqs subpart later year marks outer time limit attaining subpart ozone standard brief petitioners interpretation subpart odds structure manifest purpose sustained therefore find epa implementation policy unlawful though precise respect determined appeals remand appeals final disposition case left epa develop reasonable interpretation nonattainment implementation provisions insofar apply revised ozone naaqs summarize holdings unusually complex cases epa may consider implementation costs setting primary secondary naaqs caa section delegate legislative power epa contravention art constitution appeals jurisdiction review epa interpretation part title caa relating implementation revised ozone naaqs epa interpretation part unreasonable judgment appeals affirmed part reversed part cases remanded proceedings consistent opinion ordered christine todd whitman administrator environmental protection agency et petitioners american trucking associations et al american trucking associations et petitioners christine todd whitman administrator environmental protection agency et al writs certiorari appeals district columbia circuit february justice thomas concurring agree majority directive agency less intelligible principle host directives approved ante also agree appeals remand agency make corrective interpretation accord understanding delegation issue ante write separately however express concern may nevertheless genuine constitutional problem problem parties address parties case briefed constitutional issue wrangled constitutional doctrine barely nod text constitution although since treated intelligible principle requirement constitutional limit congressional grants power administrative agencies see hampton constitution speak intelligible principles rather speaks much simpler terms legislative powers herein granted shall vested congress art emphasis added convinced intelligible principle doctrine serves prevent cessions legislative power believe cases principle intelligible yet significance delegated decision simply great decision called anything legislative none parties case examined text constitution asked us reconsider precedents cessions legislative power future day however willing address question whether delegation jurisprudence strayed far founders understanding separation powers christine todd whitman administrator environmental protection agency et petitioners american trucking associations et al american trucking associations et petitioners christine todd whitman administrator environmental protection agency et al writs certiorari appeals district columbia circuit february justice stevens justice souter joins concurring part concurring judgment section delegates administrator environmental protection agency epa authority promulgate national ambient air quality standards naaqs part iii opinion ante convincingly explains appeals erred concluded effected unconstitutional delegation legislative power american trucking epa cadc per curiam wholeheartedly endorse result endorse explanation reasons albeit following caveat two choices choose articulate ultimate disposition issue frankly acknowledging power delegated epa legislative nevertheless conclude delegation constitutional adequately limited terms authorizing statute alternatively pretend authority delegated epa somehow legislative power despite fact language opinions supports articulation persuaded wiser faithful actually done delegation cases admit agency rulemaking authority legislative power proper characterization governmental power generally depend nature power identity person exercising see black law dictionary ed defining legislation inter alia ormulation rule future davis pierce administrative law treatise ed legislative power means power make rules conduct bind everyone based resolution major policy issues scores agencies exercise legislative power routinely promulgating candidly called legislative naaqs epa promulgated prescribed congress everyone agree rules product exercise legislative power characterization appropriate agency exercises rulemaking authority pursuant permissible delegation congress view faithful normal english usage also fully consistent text constitution article framers vested legislative powers congress art article ii vested executive power president art ii provisions purport limit authority either recipient power delegate authority others see bowsher synar stevens concurring judgment despite statement article constitution legislative powers herein granted shall vested congress far novel acknowledge independent agencies indeed exercise legislative powers ins chadha white dissenting egislative power exercised independent agencies executive departments davis probably mistaken outset interpreting article grant power congress implicit limit congress authority delegate legislative power surely authority granted members cabinet federal law enforcement agents properly characterized executive even though exercised president cf morrison olson scalia dissenting arguing independent counsel exercised executive power unconstrained president seems clear executive agency exercise rulemaking authority pursuant valid delegation congress legislative long delegation provides sufficiently intelligible principle nothing inherently unconstitutional accordingly join parts ii iv opinion agree almost everything said part iii hold congress enacted effected constitutional delegation legislative power epa christine todd whitman administrator environmental protection agency et petitioners american trucking associations et al american trucking associations et petitioners christine todd whitman administrator environmental protection agency et al writs certiorari appeals district columbia circuit february justice breyer concurring part concurring judgment join parts iii iv opinion also agree determination part ii clean air act permit environmental protection agency consider economic costs implementation setting national ambient air quality standards act rest conclusion solely upon language upon presumption presumption authority act grants epa consider costs must flow textual commitment clear ante order better achieve regulatory goals example allocate resources save lives produce cleaner environment regulators must often take account proposed regulation adverse effects least adverse effects clearly threaten serious disproportionate public harm hence believe things equal read silences ambiguities language regulatory statutes permitting forbidding type rational regulation case however things equal legislative history along statute structure indicates language reflects congressional decision delegate agency legal authority consider economic costs compliance one thing legislative history shows congress intended statute technology forcing senator edmund muskie primary sponsor amendments act introduced saying congress primary responsibility drafting act limited appears technologically economically feasible establish public interest requires protect health persons even means industries asked seems impossible present time cong rec legislative history clean air amendments committee report compiled senate committee public works library congress ser hereinafter leg hist emphasis added senate directly focused upon technical feasibility cost implementing act mandates made clear intended administrator develop air quality standards set independently either senate report amendments explains committee discussions considerable concern expressed regarding use concept technical feasibility basis ambient air standards committee determined health people important question whether early achievement ambient air quality standards protective health technically feasible growth pollution load many areas even application available technology still deleterious public health therefore committee determined existing sources pollutants either meet standard law closed pp leg hist emphasis added indeed reviewing entire legislative history concluded amendments expressly designed force regulated sources develop pollution control devices might time appear economically technologically infeasible union elec epa emphasis added added amendments intended drastic remedy serious otherwise uncheckable problem subsequent legislative history confirms goals amendments still paramount today act see clean air conference report statement intent clarification select provisions cong rec stating regarding amendments act year legislation retains even strengthens technology forcing goals act stating amendments act require ambient air quality standards set level protects public health adequate margin safety without regard economic technical feasibility attainment emphasis added read legislative history meaning says impute congress irrational intent hopes prove realistic persons example opposed act insistence reduction auto emission pollutants ground excessive cost saw development catalytic converter technology helped achieve substantial reductions without economic catastrophe feared see clean air act amendments amending stat codified requiring reduction emissions leg hist statement griffin arguing emissions standards force automobile industry existence costs taken account see generally reitze mobile source air pollution control envtl law discussing development catalytic converter time statute objective makes regulatory efforts determine costs implementation less important difficult means relevant economic costs speculative include cost unknown future technologies also means efforts take costs account breed potentially unresolvable arguments accuracy significance cost estimates congress thought efforts worth delays uncertainties accompany event statute history seems say see union supra matter one congress decide moreover act reading wholly ignore cost feasibility majority points ante act allows regulators take concerns account determine implement ambient air quality standards thus may consider economic costs select particular control devices used meet standards industries experiencing difficulty reducing emissions seek exemption variance state implementation plan see union supra important forum consideration claims economic technological infeasibility state agency formulating implementation plan act also permits epa within certain limits consider costs sets deadlines areas must attain ambient air quality standards providing administrator may extend attainment date period greater years date designation nonattainment considering severity nonattainment availability feasibility pollution control measures permitting administrator grant two additional extensions cf setting rigid attainment deadlines areas nonattainment ozone standard permitting administrator grant two extensions congress change statutory limits necessary given ambient air quality standards substantial effects cities industries suppliers customers congress hear compliance deadlines affect adversely congress consider whether legislative change warranted see steel industry compliance extension act stat codified ed repealed granting administrator discretion extend ambient air quality standard attainment date set act three years steelmaking facilities finally contrary suggestion appeals parties interpretation require epa eliminate every health risk however slight economic cost however great point hurtling industry brink ruin even forcing deindustrialization american trucking epa cadc see also brief statute express terms compel elimination risk grants administrator sufficient flexibility avoid setting ambient air quality standards ruinous industry section directs administrator set standards requisite protect public health adequate margin safety words describe world free risk impossible undesirable objective see industrial union american petroleum institute plurality opinion word safe mean words requisite public health understood independent context consider football equipment safe even use entails level risk make drinking water unsafe consumption counts requisite protecting public health similarly vary background circumstances public ordinary tolerance particular health risk particular context issue administrator consider background circumstances decid ing risks acceptable world live natural resources defense council epa cadc statute also permits administrator take account comparative health risks say may consider whether proposed rule promotes safety overall rule likely cause harm health prevents rule requisite protect public health example appeals held parties contest administrator authority determine extent possible health risks stemming reductions tropospheric ozone claimed helps prevent cataracts skin cancer taken account setting ambient air quality standard ozone see remanding administrator make determination statute ultimately specifies standard set must requisite protect public health judgment administrator stat emphasis added phrase grants administrator considerable discretionary authority statute words authorize administrator consider severity pollutant potential adverse health effects number likely affected distribution adverse effects uncertainties surrounding estimate cf sunstein clean air act unconstitutional rev permit administrator take account comparative health consequences allow take account context determining acceptability small risks health give considerable discretion discretion seem sufficient avoid extreme results industry parties fear epa setting standards protect public health adequate margin safety retains discretionary authority avoid regulating risks reasonably concludes trivial context need regulation lead deindustrialization preindustrial society healthy society hence standard demanding return stone age prove requisite protect public health although rely heavily upon legislative history alternative sources statutory flexibility reach ultimate conclusion section delegate epa authority base national ambient air quality standards whole part upon economic costs compliance footnotes together american trucking associations et al whitman administrator environmental protection agency et also certiorari footnotes none sections caa district columbia circuit found authority epa consider costs shares prominence overall statutory scheme see michigan epa cadc george warren epa cadc natural resources defense council epa cadc en banc respondents contend advice required included naaqs rulemaking record true suggest relevant process provision respondents cite contention requires pertinent findings recommendations comments scientific review committee included committee advice concerning certain aspects adverse public health effects various attainment strategies unquestionably pertinent say cost data pertinent beg question likewise written comments must placed docket epa need respond significant ones comments regarding cost data significant cost data irrelevant respondents scarcely mention arguments secondary naaqs required many reasons described body opinion well text instructs epa set standards level requisite protect public welfare known anticipated adverse effects associated presence air pollutant ambient air emphasis added conclude epa may consider implementation costs setting secondary naaqs respondents speculation epa secretly considering costs attainment without telling anyone irrelevant interpretive inquiry allegation proved grounds vacating naaqs administrator followed law see chevron natural resources defense council atlantic mut ins commissioner however grounds changing law table primary standard area class design attainment marginal years november moderate years november serious years november severe years november extreme years november design value measured parts per million ppm primary standard attainment date measured november footnotes see touby shreveport grain elevator hampton field clark see mistretta ur jurisprudence driven practical understanding increasingly complex society congress simply job absent ability delegate power see also loving nondelegation principle mean congress make rule prospective force davis pierce administrative law treatise ed except two cases never enforced frequently announced prohibition congressional delegation legislative power