EPA issued a regulation to implement the permit requirement of the

Clean Air Act that allows a state to adopt a plantwide definition of the
term Stationary Source:
(i)
stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant.
(ii)
Building, structure, facility or installation means all of the
pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent
properties and are under the control of the same person
If you were a judge who had to decide this statutory interpretation issue
without any input from the EPA or other federal agency.does a
stationary source at a plant emitting pollution means a building, or a
bubble of buildings, or both?
TO ANSWER THIS QUESTION:
Begin with (1) text of the statute
- look at definitions of stationary and of source in various
dictionaries
- or rely upon the definition or use of the same term elsewhere in the
clean air act (whole act rule)
- or in other similar statutes
Consider whether any (2) textual canons might apply
- which way does the modifier major before Stationary source cut?
Substantive canons?
Legislative purpose
Legislative intent
- examining committee reports
- other reliable parts of the Clean air act
o some judges might also consider what makes the most sense
today (dyamic statutory interpretation)
ex: climate change is bigger issue today than 1977 a
judge will be more inclined to read stationary source
permit requirement more narrowly so as to make it more
difficult to build and operate older polluting power
plants
For Deference:
- technical expertise
- political accountability (R president)
- formal rule (N+C)

Against Deference:
- EPAs creative interpretation of Stationary source may have gone
much further than congress intended, beyond a fair textual reading
of the statute
- Concern about out-of-control agencies in the modern administrative
era would suggest less deference