On November 7, election day in the U.S., the Supreme Court began hearing the question of whether U.S. Environmental Protection Agency (EPA) has paid too little attention to the cost-benefit aspect of its mandates. The implications are expected to be enormous, since the issue relates back to whether, in establishing the Clean Air Act, Congress laid down an “intelligible principal” to guide the EPA. The “intelligible test” definition was defined by the Supreme Court in 1928. Industry has ...

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