Investor Presentaiton
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JA.150, confuses the CAA's purposes with its textual
reach. See Mexichem Fluor, Inc. v. EPA, 866 F.3d 451,
460-61 (D.C. Cir. 2017) (“[W]ell-intentioned policy
objectives with respect to climate change do not on their
own authorize [EPA] to regulate."). And the D.C. Circuit
ignored the myriad other people and entities swept within
Section 111's expanded scope-homeowners, for instance,
are a potential regulated class tens of millions strong.
Fifth, it would be especially wrong to assume Congress
charged EPA with taking on these new issues and parties
when the questions at stake span multiple sectors-
including many well outside EPA's lane. In the CPP, EPA
assumed authority to direct investment decisions, assess
consumer energy use, resolve questions of energy
reliability and need, manipulate energy prices, drive
employment markets, and more. Of course, the federal
government already has an energy regulator for some of
these concerns: FERC. And the Court has had no
patience for similarly unauthorized, multi-jurisdictional
rulemakings. Gonzales is again a good example. There,
forbidding doctors from prescribing regulated drugs for
physician-assisted suicide fell outside the Attorney
General's authority in part because the issue involved
"quintessentially medical judgments" beyond his
"expertise." 546 U.S. at 248, 267. Gonzales was no fluke,
either. The Court was also concerned when the IRS
asserted power over insurance markets in King, 576 U.S.
at 486, and when the CDC regulated housing markets in
Alabama Ass'n, 141 S. Ct. at 2488.
Sixth and finally, these issues are at the center of
substantial political and public attention. On the political
side, Congress has remained heavily engaged in climate-
change-related issues. Before the CPP, Congress
considered a carbon tax, S. Con. Res. 8, S. Amdt. 646,View entire presentation