“You’re lumping them all together,” Scalia said of the five big power companies. “Suppose you lump together all the cows in the country. Would that allow you to sue all those farmers? I mean, don’t you have to do it defendant by defendant? … Cow by cow or at least farm by farm? And if you can lump all the cows together and claim they fuel global warming, you can lump together all the people in the United States who breathe, I suppose?”
“EPA strayed far beyond those bounds when it read to mean that it could ignore cost when deciding whether to regulate power plants.” To explain how the EPA failed its due diligence of estimating cost when it first deemed it “appropriate and necessary” to reduce mercury, Scalia wrote, “By EPA’s logic, someone could decide whether it is ‘appropriate’ to buy a Ferrari without thinking about cost, because he plans to think about cost later when deciding whether to upgrade the sound system.”
– Supreme Court Justice Antonin Scalia
March 11, 1936 – February 13, 2016