Investor Presentaiton
34
the right place to start. 42 U.S.C. § 7411(a)(1). The Court
should read each of its pieces together to glean "more
precise content" from "the neighboring words with which
[they are] associated." Life Techs. Corp. v. Promega
Corp., 137 S. Ct. 734, 740 (2017). So construed, "standards
of performance" refer to measures that particular, still-
operating sources can adopt to reduce their own
emissions.
1. To begin, Section 111(a)(1) defines a standard of
"performance.” “Performance" implies action, what a
stationary source does. Although the majority overlooked
this term, even its chosen dictionary agrees that
"perform” denotes doing. WEBSTER'S THIRD NEW
INTERNATIONAL DICTIONARY 1678 (1968) ("act or process
of carrying out something”; “execution of an action")
(dictionary cited at JA.108-09). Focusing on action also
makes sense of Section 111's "prohibited act[]"—
"operat[ing]" a source contrary to a performance
standard. 42 U.S.C. § 7411(e) (emphasis added). The
CAA's general definitions agree, too. Id. § 7602(1)
(defining "standard of performance" to include "any
requirement relating to the operation or maintenance of
a source to assure continuous emission reduction"
(emphases added)), (k) (similar for "emission limitation").
In contrast, the CPP's and majority's views are
indifferent to performance-a particular source can
perform worse yet fully comply with a cap-and-trade or
generation-shifting “system." And if that system is
stringent enough to put disfavored sources out of
business, then EPA has effectively mandated inaction,
which is no "performance" standard at all. Athletes, after
all, do not perform better by retiring.
Standards of performance must also reflect
"achievable" degrees of emission reduction through anView entire presentation