Supreme court of the united states #4
Bush now is alone...We need look no further than the dictionary for confir-mation that this interpretation of “air pollution” is emi-nently reasonable. The definition of “pollute,” of course, is “[t]o make or render impure or unclean.” Webster’s New International Dictionary 1910 (2d ed. 1949). And the first three definitions of “air” are as follows: (1) “[t]he invisible, odorless, and tasteless mixture of gases which surrounds the earth”; (2) “[t]he body of the earth’s atmosphere; esp.,the part of it near the earth, as distinguished from theupper rarefied part”; (3) “[a] portion of air or of the air considered with respect to physical characteristics or asaffecting the senses.” Id., at 54. EPA’s conception of “air pollution”—focusing on impurities in the “ambient air” “atground level or near the surface of the earth”—is perfectly consistent with the natural meaning of that term.
In the end, EPA concluded that since “CAA authoriza-tion to regulate is generally based on a finding that an air pollutant causes or contributes to air pollution,” 68 Fed.Reg. 52928, the concentrations of CO2 and other green-house gases allegedly affecting the global climate arebeyond the scope of CAA’s authorization to regulate. “[T]he term ‘air pollution’ as used in the regulatory provi-sions cannot be interpreted to encompass global climate change.” Ibid. Once again, the Court utterly fails toexplain why this interpretation is incorrect, let alone so unreasonable as to be unworthy of Chevron deference.
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The Court’s alarm over global warming may or may not be justified, but it ought not distort the outcome of this litigation. This is a straightforward administrative-law case, in which Congress has passed a malleable statutegiving broad discretion, not to us but to an executive agency. No matter how important the underlying policyissues at stake, this Court has no business substituting its own desired outcome for the reasoned judgment of the responsible agency.
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