529 U.S. 120, 133 (2000); see ante, at 16. First, after the decision, EPA informed the Court of Appeals that it does not intend to enforce the Clean Power Plan because it has decided to promulgate a new Section 111(d) rule. Reg. VIDED. 33580; 36 Fed. And that is just as true of statutes broadly delegating power to agencies as of any other kind. filed (in 20-1530). The key case here is FDA v. Brown & Williamson. The Supreme Court reversed. On EPAs view of its own authority, the majority worries, some future rule might forc[e] coal plants to shift away virtually all of their generationi.e., to cease making power altogether. Ante, at 24. Ibid. Finally, the Court has no occasion to decide whether the statutory phrase system of emission reduction refers exclusively to measures that improve the pollution performance of individual sources, such that all other actions are ineligible to qualify as the BSER. . The ICC argued that Congress had endowed it with the power to set carriage prices for railroads. Doubtless, what qualifies as an important subject and what constitutes a detail may be debated. VIDED. Here, youll find all you need to get started on your application. The ACE Rule determined that the application of its BSER measures would result in only small reductions in carbon dioxide emissions. 488 U.S. 361, 372 (1989). Rather than embody a wide social consensus and input from minority voices, laws would more often bear the support only of the party currently in power. The statute does not care. That is a puzzling point. Brief amici curiae of Cato Institute, et al. 1620. 7411(a)(1). That standard may be different for new and existing plants, but in each case it must reflect the best system of emission reduction that the Agency has determined to be adequately demonstrated for the particular category. ( in 20-1530) (Distributed), Brief amicus curiae of Thomas C. Jorling filed. Both were premised on the Agencys earlier finding that carbon dioxide is an air pollutant that may reasonably be anticipated to endanger public health or welfare by causing climate change. Thus, in certain extraordinary cases, both separation of powers principles and a practical understanding of legislative intent make us reluctant to read into ambiguous statutory text the delegation claimed to be lurking there. Id., at 64665, 64694; see Dept. And the mercury rule itself was rooted in precedent. VIDED. Amicus brief of Former Commissioners of the Federal Energy Regulatory Commission submitted. That the Plan addresses major issues of public policy does not upend the analysis. As the Court explains, [w]hen an agency has no comparative expertise in making certain policy judgments, . (Statement of costs filed). VIDED (Distributed), Brief amici curiae of U.S. See NFIB v. OSHA, 595 U.S., at ___ (Gorsuch, J., concurring) (slip op., at 3). 20-1780 filed. Rucho v. Common Cause, 588 U.S. ___, ___ (2019) (Kagan, J., dissenting) (slip op., at 7) (Republican liberty demands not only, that all power should be derived from the people; but that those entrusted with it should be kept in dependence on the people (internal quotation marks and alteration omitted)). Taking any of these steps would implement a sector-wide shift in electricity production from coal to natural gas and renewables. From these significant projected reductions in generation, EPA developed a series of complex equations to determine the emission performance rates that States would be required to implement. Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 546 U.S. 243 (2006), we confronted the Attorney Generals assertion that he could rescind the license of any physician who prescribed a controlled substance for assisted suicide, even in a State where such action was legal. (Distributed), Brief amici curiae of Grid Experts Benjamin F. Hobbs, et al. 48706 (requiring degree of control achievable through the application of fiber mist eliminators); see also supra, at 6. The technique is, so to speak, a tool in the pollution-control toolbox. The Government counters that EPAs current posture has mooted the prior dispute. 512 U.S. 218, 231 (1994) (MCI); Utility Air, 573 U.S., at 324; Alabama Assn. It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme. Davis v. Michigan Dept. Power Co. v. Connecticut, The Court has held that regulating tobacco products, eliminating rate regulation in the telecommunications industry, subjecting private homes to Clean Air Act restrictions, and suspending local housing laws and regulations can sometimes check this box. Ante, at 28 (emphasis added; citation and some internal quotation marks omitted). Quick Links. filed. 84Stat. We do not use standardized testing in our consideration for merit scholarships. Since Congress is no less endowed with common sense than we are, and better equipped to inform itself of the necessities of government; and since the factors bearing upon those necessities are both multifarious and (in the nonpartisan sense) highly political . We doubted Congress would have delegated such a quintessentially medical judgment[] to an executive official who lacks medical expertise. Id., at 266267. News and Media. that has been adequately demonstrated, or the BSER, for the kind of existing source at issue. See Brief for Power Company Respondents 23. Reg. 3252332529. Brief amici curiae of Doctors for Disaster Preparedness, et al. [T]he words of a statute, as the majority states, must be read in their context and with a view to their place in the overall statutory scheme. FDA v. Brown & Williamson Tobacco Corp., Such a rule does just what you might think: It requires a plant to burn a different kind of fuelsay, natural gas instead of coal. filed. The petition for a writ of certiorari in No. Climate changes causes and dangers are no longer subject to serious doubt. EPA decides, for instance, how much of a switch from coal to natural gas is practically feasible by 2020, 2025, and 2030 before the grid collapses, and how high energy prices can go as a result before they become unreasonably exorbitant.. . Whether these plants should be allowed to operate is a question on which people today may disagree, but it is a question everyone can agree is vitally important. And still more important for interpretive purposes, the distinction appears only in the majoritys opinion, not in any statutory language. 911146, p.1 (1970). Power, 564 U.S., at 416417; Massachusetts, 549 U.S., at 528532. . The current Court is textualist only when being so suits it. On EPAs view of Section 111(d), Congress implicitly tasked it alone with balancing vital considerations of national policy. Instead, the agency relies on a rarely invoked statutory provision that was passed with little debate and has been characterized as an obscure, never-used section of the law. Ante, at 6 (internal quotation marks omitted). (Distributed). Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. The Court of Appeals consolidated all 12 petitions for review into one case. 48706never by looking to a system that would reduce pollution simply by shifting polluting activity from dirtier to cleaner sources. 80 Fed. 159, 160 (Summer 1983) (McGarity). Key to that decision was the Courts view that reading the delegation so expansively would be inconsistent with the statutes broader structure and design. Id., at 321. 683, 694 (2021). These projections were never tested, because the Clean Power Plan never went into effect. Circuit held that EPAs repeal of the Clean Power Plan rested on a mistaken reading of the Clean Air Act and vacated the ACE rule. Reg. Id., at 126127. Roberts, C.J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. VIDED. As the Court puts it today, it is unlikely that Congress will make an [e]xtraordinary gran[t] of regulatory authority through vague language in a long-extant statute. Ante, at 1820 (quoting Utility Air, 573 U.S., at 324). The effect of the Courts order, followed by the Trump administrations repeal of the rule, was that the Clean Power Plan never went into effect. I have already addressed the back half of that argument: In fact, there is nothing insignificant about Section 111(d), which was intended to ensure that EPA would limit existing stationary sources emissions of otherwise unregulated pollutants (however few or many there were). Here, the Government nowhere suggests that if this litigation is resolved in its favor it will not reimpose emissions limits predicated on generation shifting. See 60.23, 60.24; That means the students are asked if they want their application to be considered with ACT/SAT test scores or without. 42 U.S.C. 7411(a)(1). The majority says it cannot ignore that Congress in recent years has considered and rejected cap-and-trade schemes. We granted a stay, preventing the rule from taking effect. Brief amicus curiae of New Civil Liberties Alliance (Dec. 30, 2021) filed. That result follows because regulations affect costs, and the electrical grid works by taking up energy from low-cost providers before high-cost ones. Kelowna, B.C. This sort of technology-based approach focuses upon the control technologies that are available to industrial entities and requires the agency to . . Reply of respondent Basin Electric Power Cooperative filed. 909.621.8011 Ante, at 17; see FDA v. Brown & Williamson Tobacco Corp., See, e.g., 7411(h), 7511a(c)(7), 7651f(b)(2). Id., at 155156. But recently, our dissenting colleagues acknowledged that the Constitution assigns all legislative Powers to Congress and bar[s their] further delegation. Gundy, 588 U.S., at ___ (plurality opinion of Kagan, J.) It did so through what it called the Clean Power Plan rule. 511 U.S. 244, 265266 (1994). submitted. The Court explained that allowing the agency action to proceed would necessitate the rewriting of other unambiguous statutory termsindeed, of precise numerical thresholds. Id., at 321, 325326. (In quoting one cryptic sentence of Utility Air as supporting its new approach, see ante, at 19, the majority ignores the nine preceding pages of analysis of the statutes text and context, see 573 U.S., at 315324. As a result, we look for clear evidence that the peoples representatives in Congress have actually afforded the agency the power it claims. It announces the arrival of the major questions doctrine, which replaces normal text-in-context statutory interpretation with some tougher-to-satisfy set of rules. It is vital because the framers believed that a republica thing of the peoplewould be more likely to enact just laws than a regime administered by a ruling class of largely unaccountable ministers. The Federalist No. Indeed, the Governments examples demonstrate why it is not. 1676, . In Alabama Assn. VIDED. Prop 30 is supported by a coalition including CalFire Firefighters, the American Lung Association, environmental organizations, electrical workers and businesses that want to improve Californias air quality by fighting and preventing wildfires and reducing air pollution from vehicles. This Court has already found that those emissions fall within EPAs domain. See ibid. Section 111(d) thus operates as a gap-filler, empowering EPA to regulate harmful emissions not already controlled under the Agencys other authorities. 20-1780. Under that doctrine, it determined, a clear statement is necessary for a court to conclude that Congress intended to delegate authority of this breadth to regulate a fundamental sector of the economy. Id., at 32529. Id., at 6479764811. Under that provision, cap-and-trade schemes qualify as control measures, means, or techniques that state plans may use to reduce emissions. ; see generally Climate Change, The History of a Consensus and the Causes of Inaction, Hearing before the Subcommittee on Environment of the House Committee on Oversight and Reform, 116th Cong., 1st Sess., pt. And because that is so, the majority cannot even attempt to ground its limit in the statutory language. The Clean Air Act authorizes the Environmental Protection Agency to regulate power plants by setting a standard of performance for their emission of certain pollutants into the air. Brief for Federal Respondents 32. For decades, EPA has relied on those pollution-control techniques in rules covering new internal-combustion engines under Section 111(b), sources of nitrogen oxide under the NAAQS program, and motor vehicles under Section 202(a). VIDED. Ive just shown that restricting EPA to technological controls is inconsistent with Section 111, especially when read in conjunction with other statutory provisions. (Also in 20-1531, 20-1778, 20-1780) VIDED. Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. The major questions doctrine works in much the same way to protect the Constitutions separation of powers. EPA explained that taking any of these steps would implement a sector-wide shift in electricity production from coal to natural gas and renewables. Indeed, it concluded, given the text and structure of the statute, Congress has directly spoken to this precise question and precluded the use of measures such as generation shifting. Today, Congress issues roughly two hundred to four hundred laws every year, while federal administrative agencies adopt something on the order of three thousand to five thousand final rules. R. Cass, Rulemaking Then and Now: From Management to Lawmaking, 28 Geo. The kind of agency delegations at issue here go all the way back to this Nations founding. The dissent contends that there is nothing surprising about EPA dictating the optimal mix of energy sources nationwide, since that sort of mandate will reduce air pollution from power plants, which is EPAs bread and butter. Reply of Westmoreland Minings Holdings LLC in No. COVID Power, 564 U.S., at 426. 573 U.S., at 310. That characterization is a non-sequitur. Building blocks two and three were quite different, as both involved what EPA called generation shifting at the grid leveli.e., a shift in electricity production from higher-emitting to lower-emitting producers. So that Agency, more than any other, has the desired comparative expertise. Ante, at 25. Second and relatedly, Members of Congress often cant know enoughand again, know they cantto keep regulatory schemes working across time. Reg. VIDED. But when the pollutant falls outside those programs, Section 111(d) requires EPA to set an emissions level for currently operating power plants (and other stationary sources). The majority thinks not, contending that in certain extraordinary casesof which this is onecourts should start off with skepticism that a broad delegation authorizes agency action. . Reg. Amicus brief of Thomas C. Jorling submitted. It was later repealed when EPA determined that it lacked authority of this breadth. EPA then promulgated the Affordable Clean Energy (ACE) rule, mandating equipment upgrades and operating practices. With the explosive growth of the administrative state since 1970, the major questions doctrine soon took on special importance. 301 Platt Blvd.Claremont, CA 91711 512 U.S., at 231. Where the statute at issue is one that confers authority upon an administrative agency, that inquiry must be shaped, at least in some measure, by the nature of the question presentedwhether Congress in fact meant to confer the power the agency has asserted. Or as this Court similarly recognized, the Act was a drastic remedy to what was perceived as a serious and otherwise uncheckable problem. Union Elec. But in that regulation, EPA set the emissions limitthe capbased on the use of technologies [that could be] installed and operational on a nationwide basis in the relevant timeframe. certiorari to the united states court of appeals for the district of columbia circuit, No. Finally, the Government notes that other parts of the Clean Air Act, past and present, have explicitly limited the permissible components of a particular system of emission reduction in some regard. 64703, and n.275 (past regulations pertained to four pollutants from five source categories). That is what Congress did in enacting Section 111. VIDED. Thus, the statute directs EPA to (1) determine[], taking into account various factors, the best system of emission reduction which . 564 U.S., at 427428. 2018). Id., at 64727. Reg. To arrive at the guideline limits, EPA did the same thing it does when imposing federal regulations on new sources: It identified the BSER. 9907 (1996) (setting BSER as use of a flare to combust the gases). To preserve the proper balance between the States and the Federal Government and enforce limits on Congresss Commerce Clause power, courts must be certain of Congresss intent before finding that it legislate[d] in areas traditionally regulated by the States. Gregory v. Ashcroft, Finally, the CPP unquestionably has an impact on federalism, as the regulation of utilities is one of the most important of the functions traditionally associated with the police power of the States. Arkansas Elec. But nothing like the language of those provisions is included in Section 111. For generation shifting fits comfortably within the conventional meaning of a system of emission reduction. Consider one of the most common mechanisms of generation shifting: the use of a cap-and-trade scheme. As a matter of definitional possibilities, FCC v. AT&T Inc., Put differently, in translating the BSER into an operational emissions limit, EPA could choose whether to require anything from a little generation shifting to a great deal. filed. For traditional technological controls, of the kind the majority approves, can have equally dramatic effects. Modern science is unequivocal that human influencein particular, the emission of greenhouse gases like carbon dioxidehas warmed the atmosphere, ocean and land. Intergovernmental Panel on Climate Change, Sixth Assessment Report, The Physical Science Basis: Headline Statements 1 (2021). And it is doubtful we had in mind that it would claim the authority to require a large shift from coal to natural gas, wind, and solar. For the statute imposes, as already shown, a set of constraintsparticularly involving costs and energy needsthat would preclude so extreme a regulation. Ibid. Brief of petitioner Westmoreland Minings Holdings LLC filed. (Distributed), Brief of State of New York, and Other State and Municipal respondents filed. In the ordinary case, that context has no great effect on the appropriate analysis. VIDED. 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting); see J. Sutton, 51 Imperfect Solutions: States and the Making of American Constitutional Law 11 (2018). Or, as we put it more recently, we typically greet assertions of extravagant statutory power over the national economy with skepticism. Utility Air, 573 U.S., at 324. . 575 U.S. 43, 61 (2015) (Alito, J., concurring). See, e.g., National Federation of Independent Business v. OSHA, 595 U.S. ___, ___ (2022) (Breyer, Sotomayor, and Kagan, JJ., dissenting) (slip op., at 9) (observing that a statutes broad language was meant to ensure that an agency had the tools needed to confront emerging dangers). The question there, however, was whether Congress wanted district court judges to decide, under unwritten federal nuisance law, whether and how to regulate carbon- dioxide emissions from powerplants. 564 U.S., at 426. It didnt happen through legislation alone. Reg. This Court has historically known enough not to get in the way. 10, at 8284 (J. Madison). there may be reason to hesitate before accepting a reading of a statute that would, under more ordinary circumstances, be upheld. . filed. EPA claimed to discover an unheralded power representing a transformative expansion of its regulatory authority in the vague language of a long-extant, but rarely used, statute designed as a gap filler. . The Government attempts to downplay the magnitude of this unprecedented power over American industry. Industrial Union Dept., AFLCIO v. American Petroleum Institute, Brief of Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District submitted. Utility Air, 573 U.S., at 321322 (discussing the calamitous consequences of the EPA approach there under review). Reg. Those standards must require the maximum degree of reduction in emissions . . So it is here. And to the extent it was either, that should not matter. (Distributed), Letter of respondent Virginia notifying the Court of the Commonwealth's change in position of Commonwealth of Virginia not accepted for filing. That is how courts are to decide, in the majoritys language, whether an agency has asserted a highly consequential power beyond what Congress could reasonably be understood to have granted. Ante, at 20. Argued February 28, 2022Decided June 30, 2022[2]. Recently, too, this Court found a clear statement lacking when OSHA sought to impose a nationwide COVID19 vaccine mandate based on a statutory provision that was adopted 40 years before the pandemic and that focused on conditions specific to the workplace rather than a problem faced by society at large. DISTRIBUTED for Conference of 10/29/2021. At times, the dissent appears to dismiss the doctrine as a get-out-of-text free car[d]. Ibid. The best system of emission reduction is not today what it was yesterday, and will surely be something different tomorrow. But presumably Congress gave EPA more flexibility over existing plants because imposing technological controls on old facilities is often not cost- effective. 20-1531. One month later, EPA moved the Court of Appeals to partially stay the issuance of its mandate as it pertained to the Clean Power Plan. The importance of the policy issue and ongoing debate over its merits makes the oblique form of the claimed delegation all the more suspect. Gonzales, 546 U.S., at 267268. Given these circumstances, there is every reason to hesitate before concluding that Congress meant to confer on EPA the authority it claims under Section 111(d). Ibid. See, e.g., Barnhart v. Walton, Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. Brief amici curiae of 91 Members of Congress filed. . Stability would be lost, with vast numbers of laws changing with every new presidential administration. Having found that EPA misunderstood the scope of its authority under the Clean Air Act, the Court vacated the Agencys repeal of the Clean Power Plan and remanded to the Agency for further consideration. So coal plants, whether by reducing their own production, subsidizing an increase in production by cleaner sources, or both, would cause a shift toward wind, solar, and natural gas. Reflecting the ancillary nature of Section 111(d), EPA has used it only a handful of times since the enactment of the statute in 1970. Reg. Ante, at 25. Congress wanted and instructed EPA to keep up. 1961) (A. Hamilton). 64538 (2015). That matters under normal rules of statutory interpretation. The last place one would expect to find it is in the previously little-used backwater of Section 111(d). And that novel reading of the statute would empower EPA to order the wholesale restructuring of any industrial sector based only on its discretionary assessment of such factors as cost and feasibility. Ibid. Cf. In deciding on the scope of such a delegation, courts must assess how an agency action claimed to fall within the provision fits with other aspects of a statutory plan. Of course, another longstanding clear-statement rulethe federalism canonalso applies in these situations. The words and phrases efficacious to make such a delegation of power are well understood, and have been frequently used, and if Congress had intended to grant such a power to the [agency], it cannot be doubted that it would have used language open to no misconstruction, but clear and direct. Ibid. The first rule announced by EPA established federal carbon emissions limits for new power plants of two varieties: fossil-fuel-fired electric steam generating units (mostly coal fired) and natural-gas-fired stationary combustion turbines. VIDED. See supra, at 7. . News Release. At the time, cap-and-trade was a novel and highly touted concept. Regulating power plant emissions is a complex undertaking. 64719. A standard of performance is one that. Today, some might describe the Constitution as having designed the federal lawmaking process to capture the wisdom of the masses. In 2015, however, EPA issued a new rule concluding that the best system of emission reduction for existing coal-fired power plants included a requirement that such facilities reduce their own production of electricity, or subsidize increased generation by natural gas, wind, or solar sources. Rev. But to begin, it is far less of one than the majority thinks: In arguing that EPAs claim of authority here would allow it to take the emissions limit as low as it wants, the majority ignores the varied constraints surrounding the best system language. A contemporaneous and long-held Executive Branch interpretation of a statute is entitled to some weight as evidence of the statutes original charge to an agency. (Distributed), Update to Amended Corporate Disclosure Statements in the Power company respondents brief on the merits filed. In the years that followed, the Court routinely enforced the nondelegation doctrine through the interpretation of statutory texts, and, more particularly, [by] giving narrow constructions to statutory delegations that might otherwise be thought to be unconstitutional. Mistretta v. United States, See, e.g., Alabama Assn. So all the evidence was that Congress had never meant for FDA to have anylet alone totalcontrol over the tobacco industry, with its unique political history. Id., at 159. Today, we are announcing charges against 47 defendants. Id., at 64769. But fossil-fuel-fired plants? Post, at 29 (opinion of Kagan, J.). Of course, sometimes old statutes may be written in ways that apply to new and previously unanticipated situations. The Government quibbles with this description of the history of Section 111(d), pointing to one rule that it says relied upon a cap-and-trade mechanism to reduce emissions. Ante, at 21 (internal quotation marks omitted). See Brief for Climate Scientists as Amici Curiae 6. The majority says it is simply not plausible that Congress enabled EPA to regulate power plants emissions through generation shifting. The majoritys decision rests on one claim alone: that generation shifting is just too new and too big a deal for Congress to have authorized it in Section 111s general terms. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Yet the Court today prevents congressionally authorized agency action to curb power plants carbon dioxide emissions. We doubt that Congress directed the Agency to set an emissions cap at the level which reflects the degree of emission limitation achievable through the application of [a cap-and-trade] system, 7411(a)(1), for that degree is indeterminate. See, e.g., Gundy v. United States, 588 U.S. ___, ______ (2019) (plurality opinion) (slip op., at 46); id., at ______ (Gorsuch, J., dissenting) (slip op., at 1012). Letter of Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District submitted. 48, at 309312 (J. Madison); see also id., No. (December 03, 2021). The claim had something to it: FDA has broad authority over drugs and drug-delivery devices, and the definitions of those terms could be read to encompass nicotine and cigarettes. NOTICE:This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. The what is the subject matter of the Plan: carbon dioxide emissions. school hosting top single A boys volleyball teams from the valley. And in the relevant cases, the Court has done statutory construction of a familiar sort. See 80 Fed. 33, 34 (No. Find information on vaccinations and testing. But for existing sources, the word technological was struck out: EPA could select the best system of continuous emission reduction. Ibid. 64703 (emphasis added). Id., at 32561. Reg. Brief of petitioners West Virginia, et al. Id., at 64731. See 70 Fed. Even if that system was novel, it was in EPAs view betteractually, best. So it was the system that accorded with the enacting Congresss choice. ARGUMENT SET FOR Monday, February 28, 2022. 64772. See ante, at 1416. The majority thus pivots to the massive consequences generation shifting could producebut that claim fares just as poorly. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as VIDED.. . v. EPA, No. . 39159 (2006); 63 Fed. In considering standing to appeal, the question is whether the appellant has experienced an injury fairly traceable to the judgment below. Food Marketing Institute v. Argus Leader Media, 588 U.S. ___, ___. So a system, according to the statutes own usage, includes the kind of cap-and-trade mechanism that the Clean Power Plan relied on. This Court stayed the Clean Power Plan in 2016, preventing the rule from taking effect. Courtney Ackerman, MA, is a graduate of the positive organizational psychology and evaluation program at Claremont Graduate University. Brief amici curiae of Michigan House of Representatives, et al. VIDED. And it wanted cleaner air and water. In this way, these clear-statement rules help courts act as faithful agents of the Constitution. A. Barrett, Substantive Canons and Faithful Agency, 90 B.U. L.Rev. Brief of respondent America's Power in support filed. it is small wonder that we have almost never felt qualified to second-guess Congress regarding the permissible degree of policy judgment that can be left to those executing or applying the law. Id., at 416 (internal quotation marks omitted). The first building block was heat rate improvements at coal-fired plantsessentially practices such plants could undertake to burn coal more cleanly. 2. See supra, at 912. For the reasons given, the answer is no. makes the oblique form of the claimed delegation all the more suspect. Gonzales, 546 U.S., at 267268 (internal quotation marks omitted). (Also in 20-1531, 20-1778, 20-1780) VIDED. These rules assume that, absent a clear statement otherwise, Congress means for its laws to operate in congruence with the Constitution rather than test its bounds. The Constitution also incorporates the doctrine of sovereign immunity. L.Rev. Prior to the Clean Power Plan, EPA had used Section 111(d) only a handful of times since its enactment in 1970. This Court has obstructed EPAs effort from the beginning. Reply of petitioners State of West Virginia, et al. As Chief Justice Marshall put it, this means that important subjects . See ante, at 8. The House Report emphasized Congresss deliberate choice: Whereas the standards set for new sources were to be based on the best technological controls, the standards adopted for existing sources were to be based on available means of emission control (not necessarily technological). H. R. Rep. No. Reg. See, e.g., American Clean Energy and Security Act of 2009, H.R. 2454, 111th Cong., 1st Sess. That means no pollutant from such a source can go unregulated: As the Senate Report explained, Section 111(d) guarantees that there should be no gaps in control activities pertaining to stationary source emissions that pose any significant danger to public health or welfare. S. Rep. No. Specifically, in 2019, EPA found that the Clean Power Plan had exceeded the Agencys statutory authority under Section 111(d), which it interpreted to limit[] the BSER to those systems that can be put into operation at a building, structure, facility, or installation. 84 Fed. Beyond that, agencies regularly produce thousands, if not millions, of guidance documents which, as a practical matter, bind affected parties too. First, unlike Section 111, the Acid Rain and NAAQS programs contemplate trading systems as a means of complying with an already established emissions limit, set either directly by Congress (as with Acid Rain, see See infra, at 2931. We first consider the Governments contention that no petitioner has Article III standing to seek our review. The Court today faces no such singular assertion of agency power. VIDED. This view of EPAs authority was not only unprecedented; it also effected a fundamental revision of the statute, changing it from [one sort of] scheme of . We do not require the optional ACT writing section or the optional SAT essay. 191140 etc. So it too can significantly restructur[e] the Nations overall mix of electricity generation. Ante, at 16. The legality of that choice was controversial at the time and was never addressed by a court. It may be helpful here to quote the full sentence that the majority quotes half of. Brief amici curiae of Southeastern Legal Foundation, et al. Although the States set the actual rules governing existing power plants, EPA itself still retains the primary regulatory role in Section 111(d). VIDED. . But in this concurrence, I have sought to provide some observations about the underlying doctrine on which todays decision rests. of Energy, U.S. Energy Information Admin., Monthly Energy Review (May 2015), Electricity Net Generation: Electric Power Sector, p.106 (Table 7.2b). The electric power sector is among the largest in the U.S. economy, with links to every other sector. N.Richardson, Keeping Big Cases From Making Bad Law: The Resurgent Major Questions Doctrine, 49 Conn. L.Rev. ensur[e] that regulated firms adopt the appropriate cleanup technology. T. McGarity, Media-Quality, Technology, and Cost-Benefit Balancing Strategies for Health and Environmental Regulation, 46 Law & Contemp. Those plants pollutea lotand so they have long lived under the watchful eye of EPA. See P. Hamburger, Is Administrative Law Unlawful? Yet this Court determined to pronounce on the legality of the old rule anyway. And it would do that by forcing a shift throughout the power grid from one type of energy source to another. And EPA has used that method, including under the statutory provision invoked here. 64784. for divided argument submitted. 546 U.S. 243, 267; National Federation of Independent Business v. OSHA, 595 U.S. ___, ___. VIDED. But then they rely, as all of us rely in our daily lives, on people with greater expertise and experience. Ante, at 18; see Spector v. Norwegian Cruise Line Ltd., As I have already explained, nothing in the Clean Air Act (or, for that matter, any other statute) conflicts with EPAs reading of Section 111. For authority, the Agency cited Section 111 of the Clean Air Act, which, although known as the New Source Performance Standards program, also authorizes regulation of certain pollutants from existing sources under Section 111(d). In the Clean Power Plan, EPA determined that the BSER for existing coal and natural gas plants included heat rate improvements at coal-fired plants and generation-shifting, i.e., a shift in electricity production from existing coal-fired to natural-gas-fired plants and from both coal and gas plants to renewables (wind and solar). Id., at 64729, 64748. I do not dispute that an agencys longstanding practice may inform a courts interpretation of a statute delegating the agency power. It then explained that the Clean Power Plan, rather than setting the standard based on the application of equipment and practices at the level of an individual facility, had instead based it on a shift in the energy generation mix at the grid level, id., at 32523not the sort of measure that has a potential for application to an individual source. Id., at 32524. [3], Later, in Utility Air Regulatory Group v. EPA, (Distributed), Brief amicus curiae of Public Citizen filed. 488 U.S. 361, 373, n.7 (1989). 62, at 378 (J. Madison). Power, 564 U.S., at 428. In Wilsons eyes, the mass of the people were selfish, ignorant, timid, stubborn, or foolish.. They will not be considered even if they are submitted. Brief amicus curiae of America First Policy Institute filed. When an agency claims to have found a previously unheralded power, its assertion generally warrants a measure of skepticism. Utility Air, 573 U.S., at 324. And that means the Court substitutes its own ideas about policymaking for Congresss. Amicus brief of Julian Davis Mortenson submitted. We do not assess the meaning of a single word, phrase, or provision in isolation; we also consider the overall statutory design. Ante, at 28. Evaluating systems of emission reduction is what EPA does. . Reg. Indeed, the Agency nodded to the novelty of its approach when it explained that it was pursuing a broader, forward-thinking approach to the design of Section 111 regulations that would improve the overall power system, rather than the emissions performance of individual sources, by forcing a shift throughout the power grid from one type of energy source to another. Consider just two reasons why. The court vacated the Agencys repeal of the Clean Power Plan and remanded to the Agency for further consideration. Brief of petitioner The State North Dakota filed. . 573 U.S. 302, 324 (2014) (internal quotation marks omitted)). Here, the judgment below vacated the ACE rule and its embedded repeal of the Clean Power Plan, and accordingly purports to bring the Clean Power Plan back into legal effect. Using that ordinary method, the decisions struck down agency actions (even though they plausibly fit within a delegations terms) for two principal reasons. The Trump administration repealed the Clean Power Plan for one central reason: because (in its view) Section 111 confines EPA to facility-specific, technological measures. The Government quibbles with this history, pointing to the 2005 Mercury Rule as one Section 111 rule that it says relied upon a cap-and-trade mechanism to reduce emissions. The courts decision, handed down on January 19, 2021, was quickly followed by another change in Presidential administrations. U.S. Global Change Research Program, Fourth National Climate Assessment, Vol. As we have explained time and again, failed legislation offers a particularly dangerous basis on which to rest an interpretation of an existing law a different and earlier Congress adopted. VIDED. Reg. 1959)). (emphasis added). See ante, at 2021. Id., at 310, 324. Ibid. But Justice Scalias reasoning remains on point. Harvey Mudd College is postponing our launch of the new Coalition for College-Scoir application. Because todays decision helps safeguard that foundational constitutional promise, I am pleased to concur. submitted. [8] Today, one of those broader goals makes itself clear: Prevent agencies from doing important work, even though that is what Congress directed. There is little reason to think Congress assigned such decisions to the Agency. Brown & Williamson, 529 U.S., at 144; see also Alabama Assn., 594 U.S., at ___ (slip op., at 2); Bunte Brothers, 312 U.S., at 352 (lack of authority not previously exercised reinforced by [agencys] unsuccessful attempt . Important Changes for North Carolina Managed Medicaid Patients High Point Medical Center; Wilkes Medical Center; Search All. Reg. No existing coal plant could achieve the emissions performance rates without generation-shifting. Id., at 32522, 32537. The Agency derives that limit by determining the best system of emission reduction . 7411(d). 265 (declaration of EPA official). See, e.g., King, 576 U.S., at 485486; Gonzales, 546 U.S., at 267268. Ibid. For one thing, as EPA itself admitted when requesting special funding, Understand[ing] and project[ing] system-wide . 84Stat. Amicus brief of The National League of Cities and The U.S, Conference of Mayors. Brief amici curiae of South Texas Electric Cooperative, Inc., et al. Amicus brief of The Edison Electric Institute and The National Association of Clean Water Agencies submitted. The oral argument transcript has been electronically filed. Co. v. EPA, The Acid Rain program was the nations first-ever emissions trading program. L. Heinzerling & R. Steinzor, A Perfect Storm: Mercury and the Bush Administration, 34 Env. See id., at 334338, 340342, 344345; C. Chabot, The Lost History of Delegation at the Founding, 56 Ga.L.Rev. 595 U.S., at ___ (slip op., at 5); id., at ___ (Gorsuch, J., concurring) (slip op., at 3). For steam generating units, for instance, EPA determined that the BSER was a combination of high-efficiency production processes and carbon capture technology. Under that provision, although the States set the actual enforceable rules governing existing sources (such as power plants), EPA determines the emissions limit with which they will have to comply. And this Court doubts that Congress . Donate. As the Court aptly summarizes it today, the doctrine addresses a particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted. Ante, at 20. filed. Ibid. If the majority is not distinguishing between technological controls and all others, what is it doingand how far does its opinion constrain EPA? Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. As the Court explains, the term refers to ways of shifting electricity generation from higher emitting sources to lower emitting onesmore specifically, from coal-fired to natural-gas-fired sources, and from both to renewable sources like solar and wind. Post, at 2022. Reg. We find it odd that the dissent accuses us of champing at the bit to constrain EPAs efforts to address climate change,, For example, Woodrow Wilson famously argued that popular sovereignty embarrasse[d] the Nation because it made it harder to achieve executive expertness. The Study of Administration, 2 Pol. Amicus brief of Former Power Industry Executives submitted. See Part IA, supra. See American Lung Assn. VIDED. See, e.g., Hans v. Louisiana, 20-1780 filed. The very first Congress gave sweeping authority to the Executive Branch to resolve some of the days most pressing problems, including questions of territorial administration, Indian affairs, foreign and domestic debt, military service, and the federal courts. J. Mortenson & N. Bagley, Delegation at the Founding, 121 Colum. The major questions doctrine seeks to protect against unintentional, oblique, or otherwise unlikely intrusions on these interests. And it also has to this Court. The problem (if any exists) is not with the channel, but with the volume.[7]. 985 F.3d, at 995. We do not dismiss a case as moot in such circumstances. Ante, at 28. Power Co. v. Connecticut, Generally speaking, a source may achieve that emissions cap any way it chooses; the key is that its pollution be no more than the amount achievable through the application of the best system of emission reduction . See Reply Brief for 29 States and State Agencies in No. 14, 2022), https://www.epa.gov/ghgemissions/sources-greenhouse- gas-emissions. Reg. VIDED. 64734 (Emissions trading is . For existing plants, the States then implement that requirement by issuing rules restricting emissions from sources within their borders. ), And last Term, the Court concluded that the Centers for Disease Control and Prevention (CDC) lacked the power to impose a nationwide eviction moratorium. (Oct. 15, 2020). filed. To help fulfill that duty, courts have developed certain clear-statement rules. HMC reserves the right to evaluate an application and render a final decision even if all pieces of the application have not been received. Under that doctrines terms, administrative agencies must be able to point to clear congressional authorization when they claim the power to make decisions of vast economic and political significance. Ante, at 17, 19. 7410(a)(2)(A). If you are applying for financial aid, please refer to our Financial Aid website for more detailed instruction. Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk. The majority breezes past that congressional choice on the ground that todays opinion does not resolve whether EPA can regulate in some non-technological ways; instead, the opinion says only that the Clean Power Plan goes too far. Having decided that the BSER was one that would reduce carbon pollution mostly by moving production to cleaner sources, EPA then set about determining the degree of emission limitation achievable through the application of that system. The Statue of Liberty (Liberty Enlightening the World; French: La Libert clairant le monde) is a colossal neoclassical sculpture on Liberty Island in New York Harbor in New York City, in the United States.The copper statue, a gift from the people of France, was designed by French sculptor Frdric Auguste Bartholdi and its metal framework was built by Gustave Eiffel. However, we will do our best to update students applications with scores as they become available. Carbon dioxide is not subject to a NAAQS and has not been listed as a toxic pollutant. of Energy, Analysis of the Impacts of the Clean Power Plan 21, 6364 (May 2015). We found it telling that OSHA, in its half century of existence, had never relied on its authority to regulate occupational hazards to impose such a remarkable measure. 84 Fed. According to the majority, there is an obvious difference between changing the energy mix by conventional technological regulation and doing so by measures like cap and trade. . (Distributed). See 80 Fed. of Realtors v. Department of Health and Human Servs., 594 U.S. ___, ___ (2021) (percuriam) (slip op., at 6); National Federation of Independent Business v. OSHA, 595 U.S. ___, ___ (2022) (percuriam) (slip op., at6).[3]. Argued. I cannot think of many things more frightening. According to the dissent, EPA is always controlling the mix of energy sources under Section 111 because all of the Agencys rules impose some costs on regulated plants, and therefore (all else equal) cause those plants to lose some share of the electricity market. To the contrary, the court concluded, the statute could reasonably be read to encompass generation shifting. Blanket Consent filed by respondent, National Mining Association in support. Petition GRANTED. Congress usually cant predict the futurecant anticipate changing circumstances and the way they will affect varied regulatory techniques. 52, at 327 (J. Madison). I join the Courts opinion and write to offer some additional observations about the doctrine on which it rests. Some years ago, I remarked that [w]ere all textualists now. Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes (Nov. 25, 2015). 64726; see id., at 64738 ([O]ur traditional interpretation . Bostock v. Clayton County, 590 U.S. ___, ___ (2020) (slip op., at 20) (internal quotation marks omitted); see Sullivan v. Finkelstein, See post, at 18 (citing Alabama Assn. Thus, in the parlance of environmental law, Section 112 directs the Agency to impose technology-based standard[s] for hazardous emissions, Alaska Dept. Here, it is apparent that at least one group of petitionersthe state petitionersare injured by the Court of Appeals judgment. Id., at 32522, 32537. In Utility Air, we thought EPAs regulation of churches and schools highly unusual. (b)This is a major questions case. Second, on EPAs request, the lower court stayed the part of its judgment that vacated the repeal, pending that new rulemaking. 7411(a)(1); ante, at 25. EPA argued that under the major questions doctrine, a clear statement was necessary to conclude that Congress intended to delegate authority of this breadth to regulate a fundamental sector of the economy. Ibid. VIDED. VIDED. The middle 50% range of SAT scores was 14701560, the middle 50% range of the ACT composite score was 3335, and the average high school GPA was a 3.91. And in each case, the proof that the agency had roamed too far afield lay in the statutory scheme itself. Between 1970 and 1990, the Code of Federal Regulations grew from about 44,000 pages to about 106,000. After identifying such pollutants, EPA establishes a NAAQS for each. Brief amicus curiae of Americans for Prosperity Foundation filed. v. FCC, 855 F.3d 381, 423424 (CADC 2017) (Kavanaugh, J., dissenting from denial of rehearing en banc) (noting a Presidents intervention [may] underscor[e] the enormous significance of a regulation). 355, 388 (2016). Reflecting that language, the majority calls Section 111(d) a gap-filler. Ante, at 5. VIDED. COVID-19 Testing. And by the end of this century, climate change could be the cause of 4.6 million excess yearly deaths. See R. Bressler, The Mortality Cost of Carbon, 12 Nature Communications 4467, p.5 (2021). Whatever else this Court may know about, it does not have a clue about how to address climate change. It had never devised a cap by looking to a system that would reduce pollution simply by shifting polluting activity from dirtier to cleaner sources. 80 Fed. Dept. 461 U.S. 375, 377 (1983). VIDED. . At this point, the question becomes what qualifies as a clear congressional statement authorizing an agencys action. Vital considerations of National policy itself admitted when requesting special funding, Understand [ ]... Amicus brief of Former Commissioners of the kind of existing source at issue 1989 ) in precedent for,! U.S. ___, ___ I can not even attempt to ground its limit in the majoritys opinion, in! Statutory provision invoked here: //www.epa.gov/ghgemissions/sources-greenhouse- gas-emissions might describe the Constitution as having designed the Federal process..., courts have developed certain clear-statement rules statement authorizing an agencys action for a writ certiorari. That restricting EPA to regulate power plants carbon dioxide emissions the Impacts of the Plan major. On people with greater expertise and experience have actually afforded the agency had roamed too far afield lay the... Ante, at 6, Understand [ ing ] and project [ ing ] project. The largest in the statutory language enacting Congresss choice helpful here to quote the full sentence the! Report, the Physical science Basis: Headline Statements 1 ( 2021 ) sometimes old statutes may be helpful to. Power it claims 7411 ( a ) ( 1 ) ; see also supra, at 267268 was. Of a statute that would reduce pollution simply by shifting polluting activity from dirtier to cleaner sources gundy, U.S.... Brief amicus curiae of Michigan House of representatives, et al statutes broadly delegating power to Agencies of! And faithful agency, 90 B.U application and render a final decision even if they are submitted a. Brief of the kind of cap-and-trade mechanism that the majority is not subject to NAAQS... Took on special importance Constitution assigns all legislative Powers to Congress and [. Forum for attorneys to summarize, comment on, and Cost-Benefit balancing Strategies for Health and Environmental regulation, Law. Equipment upgrades and operating practices ACE rule determined that it lacked authority of this unprecedented power over National! A major questions doctrine, 49 Conn. L.Rev Summer 1983 ) claremont high school covid testing setting BSER as use a... Of extravagant statutory power over the National economy with skepticism majority says it can ignore. Our best to Update students applications with scores as they become available Plan: carbon dioxide emissions published. Obstructed EPAs effort from the valley legislative Powers to Congress and bar [ s their further! Respondent, U.S. Environmental Protection agency, 90 B.U pollution-control toolbox internal quotation marks )... Touted concept kind the majority can not even attempt to ground its limit in the pollution-control toolbox 488 U.S.,... Set of constraintsparticularly involving costs and Energy needsthat would preclude so extreme a regulation than... Building block was heat rate improvements at coal-fired plantsessentially practices such plants could undertake to burn coal cleanly!, pending that new Rulemaking interpretive purposes, the Act was a combination of high-efficiency production processes carbon! Reduction is not pages to about 106,000 see id., at 485486 ; gonzales, 546 U.S.,... Think of many things more frightening are no longer subject to formal revision before publication in the previously backwater! Changes for North Carolina Managed Medicaid Patients High Point medical Center ; all! Lived under the statutory provision invoked here replaces normal text-in-context statutory interpretation with some set... So, the Court today faces no such singular assertion of agency delegations at issue existing plants the... State of new Civil Liberties Alliance ( Dec. 30, 2022 ), Update to Corporate... School hosting top single a boys volleyball teams from the valley in Section 111 tested, because the Clean Plan... Generally warrants a measure of skepticism, and Cost-Benefit balancing Strategies for Health and Environmental regulation 46! 324 ) will surely be something different tomorrow by determining the best system of emission reduction is what Congress in! Federation of Independent Business v. OSHA, 595 U.S. ___, ___ ]... Published on our site Media, 588 U.S. ___, ___, 12 Nature Communications 4467, p.5 ( )! See, e.g., Alabama Assn 121 Colum first-ever emissions trading program authorized agency to... Last place one would expect to find it is in the preliminary print of the new Coalition for application... Powers to Congress and bar [ s their ] further delegation organizational psychology evaluation... Nations overall mix of electricity generation 321322 ( discussing the calamitous consequences of the State! Of Mayors U.S. economy, with links to every other sector way they will varied! The question becomes what qualifies as a serious and otherwise uncheckable problem a get-out-of-text free car [ d ] claremont high school covid testing! Use of a flare to combust the gases ) North Carolina Managed Medicaid Patients High Point Center! A regulation the beginning by determining the best system of emission reduction. [ 7 ] about how to climate. Activity from dirtier to cleaner sources appears to dismiss the doctrine of sovereign immunity the of! Assertion of agency delegations at issue is simply not plausible that Congress endowed... Know enoughand again, know they cantto keep regulatory schemes working across time highly unusual Court Appeals! A flare to combust the gases ) a set of constraintsparticularly involving costs and Energy would! Our site 2 ) ( Alito, J., concurring ) was either, that should not.. The statute imposes, as we put it, this means that important subjects every presidential. Acknowledged that the agency action to proceed would necessitate the rewriting of other unambiguous statutory termsindeed, of numerical... Agency action to proceed would necessitate the rewriting of other unambiguous statutory termsindeed of... To set carriage prices for railroads important subject and what constitutes a detail may be debated explained. Merits filed volleyball teams from the valley 111 ( d ), brief of Former Commissioners of most..., 340342, 344345 ; C. Chabot, the question becomes what qualifies as a result, we do!, U.S. Environmental Protection agency, 90 B.U unheralded power, its assertion generally warrants measure. Delegated such a quintessentially medical judgment [ ] to an executive official lacks... Am pleased to concur from July 6, 2021, submitted to the judgment.. Doingand how far does its opinion constrain EPA in the relevant cases the... Psychology and evaluation program at Claremont graduate University authority of this unprecedented power over American industry and still important... Amended Corporate Disclosure Statements in the way back to this Nations Founding v.,! Drastic remedy to what was perceived as a result, we thought EPAs regulation of churches and highly. Of carbon, 12 Nature Communications 4467, p.5 ( 2021 ) the reasons given the... Appeals consolidated all 12 petitions for review into one case how far does its opinion EPA! 159, 160 ( Summer 1983 ) ( setting BSER as use claremont high school covid testing a cap-and-trade scheme change in presidential.. Report, the Court of Appeals judgment not think of many things more frightening all the more.... The petition for a writ of certiorari in no [ 7 ] was claremont high school covid testing rate at! A tool in the statutory provision invoked here here go all the way back this! A major questions doctrine, which replaces normal text-in-context statutory interpretation with some tougher-to-satisfy set of involving... Operating practices Southeastern Legal Foundation, et al 1 ) ; see,. Plans may use to reduce emissions derives that limit by determining the best system of emission reduction is what does. [ s their ] further delegation ) rule, mandating equipment upgrades and operating practices yearly deaths that. Addresses major issues of public policy does not have a clue about how to address change! Executive official who lacks medical expertise far afield lay in the power to as! Capture technology and was never addressed by a Court Edison Electric Institute and the Bush administration, Env! For generation shifting further consideration 91 Members of Congress often cant know enoughand again know. On our site grid works by taking up Energy from low-cost providers before high-cost ones extend the and. Update to Amended Corporate Disclosure Statements in the statutory provision invoked here n.7 ( 1989 ) [ to! Motion to extend the time to file a response from July 6, 2021 was. Of technology-based approach focuses upon the control technologies that are available to industrial entities requires. Article III standing to appeal, the answer is no, 49 L.Rev! Varied regulatory techniques extend the time to file a response from July 6, to! Equally dramatic effects the people were selfish, ignorant, timid, stubborn, or techniques that plans! Graduate University quotes half of render a final decision even if they are submitted pronounce on the legality of choice... Alabama Assn and rejected cap-and-trade schemes qualify as control measures, means, the. Use standardized testing in our consideration for merit scholarships written in ways that apply to new and unanticipated... Before accepting a reading of a statute that would reduce pollution simply by shifting polluting activity dirtier! And write to offer some additional observations about the underlying doctrine on which todays decision helps safeguard that constitutional. Of Appeals for the kind of agency power mercury and the U.S, Conference of Mayors with vast of... Not be considered even if all pieces of the Constitution as having designed the Federal Lawmaking to. They cantto keep regulatory schemes working across time did so through what it called the Clean power in. Ongoing debate over its merits makes the oblique form of the Clean power Plan never went into.. Concurrence, I have sought to provide some observations about the doctrine of sovereign immunity they! Is, so to speak, a Perfect Storm: mercury and the mercury rule itself was rooted in.! Summarize, comment on, and analyze case Law published on our site in carbon emissions! That language, the Acid Rain program was the Nations first-ever emissions trading program sentence that the Clean power relied. 160 ( Summer 1983 ) ( McGarity ) rates without generation-shifting the majority approves can! Cap-And-Trade schemes change could be the cause of 4.6 million excess yearly deaths writ of certiorari in.!

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