Learning Resources, Inc. v. Trump · ¶76

Dissenting in West Virginia, my colleagues faced a statute allowing the Environmental Protection Agency to ensure power plants employ the “best system of emission reduction.” 597 U. S., at 758 (opinion of Kagan, J.) (internal quotation marks omitted). They read that provision as authorizing the agency to effectively close many power plants and transform the electricity industry from coast to coast. See id., at 754–755. In support, they once more argued that the statutory language was “broad” and “expansive,” with “no ifs, ands, or buts.” Id., at 756–758. They stressed, too, that the relevant statutory terms appeared in “major legislation” intended to address “big problems,” and that the statute authorized actions in the agency's “traditional lane” or “wheelhouse.” Id., at 756–757, 765.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.