In my opinion, recent EPA documents have been seriously deficient in not explicitly acknowledging that the diseases of concern arise from multiple risk factors and that specific air pollutants, and air pollution in general, is not the major causative factor.
Breyer criticizes EPA for not recognizing multiple health risk factors beyond air pollution.
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In other words, it would likely lessen, rather than enhance, competition and consumer welfare.
We have to have public support, and that comes primarily from people believing that we do our job. We use reason. We don`t look to just what`s popular. And that`s where you`re seeing the paradox.
American democracy cannot be taken for granted. It is not self-sustaining.
To overrule under fire in the absence of the most compelling reason to reexamine a watershed decision would subvert the court's legitimacy beyond any serious question.