Investor Presentaiton
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achieve, giving EPA multi-billion-dollar power through
overbroad readings of a few select words. And fourth, it
raises serious constitutional concerns because it permits
EPA to exercise extraordinary lawmaking power with no
intelligible standards to keep it in check.
Ultimately, EPA's efforts were no ordinary regulatory
action. And no matter "how serious the problem" at stake,
an agency "may not exercise its authority in a manner that
is inconsistent with the administrative structure that
Congress enacted into law." FDA v. Brown & Williamson
Tobacco Corp., 529 U.S. 120, 125 (2000) (cleaned up). The
Court should reverse.
OPINION BELOW
The opinion of the United States Court of Appeals for
the District of Columbia Circuit (JA.53-255) is reported at
985 F.3d 914.
JURISDICTION
The D.C. Circuit entered judgment on January 19,
2021. The petition for certiorari was timely filed on April
29, 2021. This Court has jurisdiction under 28 U.S.C.
§ 1254(1).
STATUTORY PROVISIONS INVOLVED
The Clean Air Act's relevant provisions appear at No.
20-1530 Pet.App.204a-209a.
STATEMENT
1. The Clean Air Act targets air pollution "at the
source." 42 U.S.C. § 7401(a)(3). Sources can be mobile,
like cars, or stationary. Id. § 7602(z). A “stationary
source” is "any building, structure, facility or installationView entire presentation