Investor Presentaiton

40 Court should construe "standard of performance" in a way that works with both. Unlike their deliberate use of source and sources, neither Section 111(b) nor (d) refers to a source "owner or operator" another defined term. 42 U.S.C. § 7411(a)(5). Section 111 regulates the "source," id. § 7411(b), (d)(1), and an owner violates the statute by operating "such source in violation of any standard of performance applicable to such source," id. § 7411(e) (emphases added). These textually required limits drove EPA to redefine "source" in the CPP to encompass owners and operators the agency could order them to take economic actions outside their facilities in service of remaking the nation's power grids. JA.543. Yet courts have not sanctioned EPA's prior attempts to "change the basic unit" to which CAA obligations apply, ASARCO Inc. v. EPA, 578 F.2d 319, 327 (D.C. Cir. 1978), and the statute does not permit that sleight of hand here, either. Congress used "different terms to describe different categories of people or things." Mohamad v. Palestinian Auth., 566 U.S. 449, 456 (2012). That choice matters. Section 111 also describes standards "for" an existing source. 42 U.S.C. § 7411(b)(1)(B), (d)(1). The D.C. Circuit thought this preposition unleashed EPA, allowing any standards that "concern" a source. JA.117 (citing OXFORD ENGLISH DICTIONARY (2d ed. 1989)). But as with "system," finding a definition "broad enough to encompass one sense of a word" does not mean "the word is ordinarily understood in that sense." Taniguchi v. Kan Pac. Saipan, Ltd., 566 U.S. 560, 568 (2012). "Concern" is too broad a definition of "for," in general and in this context. "For" is "a function word to indicate the object or recipient of a perception, desire or activity." MERRIAM WEBSTER'S COLLEGIATE DICTIONARY 454

View entire presentation