https://en.wikipedia.org/wiki/Michigan_v._EPA
One commentator noted that Justice Antonin Scalia's majority opinion "exposes a divide on the Court not over environmental policy, but over the future of the administrative state."[22]
Writing for a 5–4 majority, Justice Antonin Scalia held that the EPA interpreted the Clean Air Act unreasonably when it decided that it should not consider costs when regulating power plants.
[23] Justice Scalia analyzed the EPA's interpretation of the Clean Air Act under Chevron Deference, and concluded that the Agency "strayed far beyond [the] bounds" of "reasonable interpretation" when it determined that it could ignore costs.
[24] Looking at the language of the Clean Air Act, Justice Scalia concluded that when "[r]ead naturally in the present context, the phrase 'appropriate and necessary' requires at least some attention to cost."[25]
Additionally, Justice Scalia wrote that it is irrational and inappropriate "to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits."[26]
Consequently, Justice Scalia ruled that the EPA "must consider cost — including, most importantly, cost of compliance — before deciding whether regulation is appropriate and necessary."[27]
One commentator noted that Justice Antonin Scalia's majority opinion "exposes a divide on the Court not over environmental policy, but over the future of the administrative state."[22]
Writing for a 5–4 majority, Justice Antonin Scalia held that the EPA interpreted the Clean Air Act unreasonably when it decided that it should not consider costs when regulating power plants.
[23] Justice Scalia analyzed the EPA's interpretation of the Clean Air Act under Chevron Deference, and concluded that the Agency "strayed far beyond [the] bounds" of "reasonable interpretation" when it determined that it could ignore costs.
[24] Looking at the language of the Clean Air Act, Justice Scalia concluded that when "[r]ead naturally in the present context, the phrase 'appropriate and necessary' requires at least some attention to cost."[25]
Additionally, Justice Scalia wrote that it is irrational and inappropriate "to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits."[26]
Consequently, Justice Scalia ruled that the EPA "must consider cost — including, most importantly, cost of compliance — before deciding whether regulation is appropriate and necessary."[27]