Investor Presentaiton
36
Federal Energy Administrator to prohibit "any
powerplant" "from burning natural gas or petroleum
products as its primary energy source"). Because
Congress did not write Section 111 that way, "system of
emission reduction" is different from "system of emission
elimination."
2. Though the majority faulted the CPP repeal for
purportedly adding words to Section 111(a)(1), JA.118, its
own reasoning depends on subtraction. The court latched
onto the terms "system" and "application" and gave them
decisive weight-at the expense of the five other key
words in the definition (just discussed) pointing another
way. Even so, the majority's select words do not decide
this case.
Take first its view of "system." The majority relied on
a definition from a "widely criticized" dictionary, see MCI,
512 U.S. at 228 n.3 (discussing WEBSTER'S THIRD), to
conclude that EPA could impose any "complex unity...
subject to a common plan or serving a common purpose,"
so long as it "place[d] a high priority on efficiently and
effectively reducing emissions." JA.118-19. The court
thought this broad term gave EPA maximum
"flexibility"-the genesis of its "no limits" holding.
JA.118.
Yet "words that have one meaning in a particular
context frequently have a different significance in
another." United States v. Raynor, 302 U.S. 540, 547-48
(1938). All the more for a general term like “system”: In
one statute it refers to a device for making phone calls,
Facebook, Inc. v. Duguid, 141 S. Ct. 1163, 1167 (2021)
("automatic telephone dialing system"), in another it
describes a series of related waters, United States v. Dist.
Ct. In & For Eagle Cnty., 401 U.S. 520, 523 (1971) (“river
system"). Particularly for a term like this, "construingView entire presentation