"Certain 'Small Business Petitioners' argue in each case that EPA has construed [sections] 108 & 109 of the Clean Air Act so loosely as to render them unconstitutional delegations of legislative power. We agree. Although the factors EPA uses in determining the degree of public health concern associated with different levels of ozone and PM are reason- able, EPA appears to have articulated no 'intelligible principle' to channel its application of these factors; nor is one apparent from the statute. The nondelegation doctrine re- quires such a principle. See J.W. Hampton, Jr. & Co. v. United States, 276 U.S. 394, 409 (1928). Here it is as though Congress commanded EPA to select "big guys," and EPA announced that it would evaluate candidates based on height and weight, but revealed no cut-off point. The announcement, though sensible in what it does say, is fatally incomplete. The reasonable person responds, 'How tall? How heavy?'"
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