Investor Presentaiton

49 to "effectuate" specific policy goals. Yakus, 321 U.S. at 420-21. The D.C. Circuit's version of Section 111(d) contains none of these guardrails. It allows EPA to unilaterally reshape the American economy based on its important— but singular-mission to protect the environment. That reading at least "sail[s] close to the wind with regard to the principle that legislative powers are nondelegable." Reynolds v. United States, 565 U.S. 432, 450 (2012) (Scalia, J., dissenting). The Court should moor the agency back to a rightly construed Section 111. CONCLUSION The Court should reverse the decision below. Respectfully submitted. PATRICK MORRISEY Attorney General OFFICE OF THE ATTORNEY GENERAL LINDSAY S. SEE Solicitor General Counsel of Record MICHAEL R. WILLIAMS* Special Counsel WEST VIRGINIA State Capitol Complex Building 1, Room E-26 CALEB A. SECKMAN THOMAS T. LAMPMAN Charleston, WV 25305 [email protected] (304) 558-2021 Assistant Solicitors General *admitted in the District of Columbia, Michigan, and Virginia; practicing under supervision of West Virginia attorneys Counsel for Petitioner State of West Virginia

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